Husband brought a holdover proceeding against his wife and her child. A holdover proceeding is when a landlord seeks to evict the tenant and it is not based on not receiving rent. The wife sought to get this claim dismissed because she resided in the marital residence. The husband had received an ex parte divorce in the Dominican Republic, which means that the husband was aware of the divorce proceeding while the wife was not.
New Yorkâ€™s Second Division Appellate Court held that in order for an out of country divorce to be enforceable, the court must have personal jurisdiction over both the husband and the wife. If the court does not have jurisdiction over both parties, then the court would be unable to enforce the decision that is rendered by a court in another country.
In this case, the court held that the divorce was improper and that the property in question was marital property as the husband was unable to prove whether there exists a landlord/tenant relationship. Thus, the husband was unable to proceed with his holdover proceeding.
We at the Law Offices of Jayson Lutzky, P.C. can provide you with the information you need on what your options are on the enforcement of a divorce settlement and how this can affect the interest of both parties. If you have been marriage and you are seeking a divorce and you are in need of legal advice, please feel free to call us at 1-800-660-5299 for a free initial consultation or visit our website www.MyNewYorkCityLawyer.com.