Husband Can't Evict Wife's Sister from House He Co-owns with Wife

Husband sued to evict his wife’s sister from a house owned jointly by husband and wife. The court dismissed the case. The issues presented in the case must be addressed in a matrimonial action presently pending between the husband and wife. Also, the wife was presently in possession of the house, and she renounced the husband’s holdover petition. The wife also continued to collect and receive her sister’s rents after the husband started the holdover proceeding. The husband lacked legal standing to bring the eviction proceeding since he is a co-tenant by the entirety, is not in possession of the house, and has not sought exclusive use of the house from his co-tenant landlord spouse. The husband also failed to name and serve his wife with a copy of the eviction petition even though she was an indispensable party to the case.

Bernadotte v. Woolford: 2016 NY Slip Op 26193, 2016 WL 3394342 (Dist. Ct. Nassau; 6/20/16; Fairgrieve, J)