Husband's Claim That Ex-Wife Was Squatter Denied by Court

The owner of an upstate house sued to evict his ex-wife, claiming that she was a squatter in the house and had moved in during 2022 while he was out of the country. They had divorced in 2010 although they still owned a business together and had a son. In response, the ex-wife claimed that she, the owner, and their son had all lived together in a back room of their store until the owner purchased the house in 2018 and they all moved there together, where she lived continuously since then. The trial court ruled for the ex-wife and dismissed the case, finding that she was a family member, not a squatter, and wasn't subject to eviction through a summary proceeding. Despite the 2010 divorce and absence of any custody or support order, the ex-wife lived in the house with the now 14-year-old son. The decision provides an extended discussion of New York's family exception to eviction proceedings, noting that over the years courts have become less concerned with the marital status of the parties and more concerned with whether the household members have resided as a family unit, often with financial and emotional interdependence and an indication of continuity.

Dave v. Vaghela: Index No. 24070139, 2024 NY Slip Op 51342(U)(Dewitt Justice Ct.; 9/26/24; Young, J)