Wife Can't Get Reimbursement for Rent Payments From Husband

July 31, 2007

LVT Number: #19757

Wife sued husband in small claims court for reimbursement of one-half of rent payments made on apartment after husband moved out. Wife and husband had signed one-year lease for an apartment, but husband moved out three months later. The court ruled against wife. Under the lease, both husband and wife were fully liable for the rent and wife had paid it. Wife could compel reimbursement from husband only if he had promised to do so either expressly or by implied agreement. There was no proof of any agreement by husband to do so.

Wife sued husband in small claims court for reimbursement of one-half of rent payments made on apartment after husband moved out. Wife and husband had signed one-year lease for an apartment, but husband moved out three months later. The court ruled against wife. Under the lease, both husband and wife were fully liable for the rent and wife had paid it. Wife could compel reimbursement from husband only if he had promised to do so either expressly or by implied agreement. There was no proof of any agreement by husband to do so.

Clerk v. Clerk: NYLJ, 7/11/07, p. 19, col. 3 (Civ. Ct. Richmond; Straniere, J)

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