BABUSHIK v. BABUSHIK


157 N.J. Super. 128 (1978)

384 A.2d 574

ROSEMARIE P. BABUSHIK, PLAINTIFF, v. PETER BABUSHIK, DEFENDANT.

Superior Court of New Jersey, Chancery Division.

Decided February 16, 1978.


Attorney(s) appearing for the Case

Mr. Robert J. Citrino, Jr. for plaintiff (Messrs. Citrino, Balsam & DiBiasi, attorneys).

Mr. Leigh R. Walters for defendant (Messrs. LaCorte, LaCorte & Walters, attorneys).


DUFFY, J.S.C.

This case presents the issue of whether a woman may exclude her husband from the marital home, held in her name alone, solely for the purpose of establishing different habitations for the 18 months separation ground of divorce.

The parties were married May 12, 1956 and have two children ages 19 and 16. About five years ago plaintiff's mother transferred title to the house in Nutley to plaintiff alone. Marital difficulties arose and after a conference...

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