Wife Wasn't Ex-Husband's Landlord Under Divorce Settlement

March 1, 2010

LVT Number: #22499

Wife, as landlord, sued to evict ex-husband from their co-op apartment for nonpayment of rent, claiming arrears of $6,600. In a separate divorce action, they had signed a settlement agreement where each agreed to pay $600 toward a bank line of credit. They also agreed that husband would continue to live in the apartment and pay the mortgage, maintenance, taxes, and insurance for the apartment. If either defaulted on payments, the sums would be deducted from their share of the proceeds when the apartment was sold.

Wife, as landlord, sued to evict ex-husband from their co-op apartment for nonpayment of rent, claiming arrears of $6,600. In a separate divorce action, they had signed a settlement agreement where each agreed to pay $600 toward a bank line of credit. They also agreed that husband would continue to live in the apartment and pay the mortgage, maintenance, taxes, and insurance for the apartment. If either defaulted on payments, the sums would be deducted from their share of the proceeds when the apartment was sold. The court found that the marital case agreement didn’t create a landlord-tenant relationship and the money sought by the wife wasn’t rent. So the case was dismissed.

Ward-Evans v. Evans: NYLJ, 2/24/10, p. 28, col. 3 (Dist. Ct. Nassau; Fairgrieve, J)

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