Husband Can't Evict Wife
LVT Number: #24264
A husband sued to evict his wife from the house they lived in. The husband claimed that they were now divorced. The wife asked the court to dismiss the case. The court ruled for the wife. The husband had obtained the divorce in the Dominican Republic without the wife's knowledge or consent. New York State doesn't recognize "ex parte" divorces obtained without proper notice to the other spouse. And the rights and obligations of the husband and wife hadn't been decided by a court order or agreement. Since the marriage relationship still existed, the husband had the obligation to support his wife by maintaining housing for her. Since no landlord-tenant or licensee relationship was established, the case must be dismissed.
Jolin v. Rosario: 36 Misc.3d 1214(A), 2012 NY Slip Op 51317(U) (Dist. Ct. Nassau; 7/17/12; Fairgrieve, J)