Legal Question in Family Law in New York

proving cohabitation in new york

I've been divorced 2years, we have joint custody of my 11 year old son, in the michellam development that I moved out after 25 years for the benefit of my son, my xspouse has been ( cohabitating ) with another man regularly. the lease of 2 bedroom apt. is in my name. my divorce stipulation specifies that my xspouse waves all her rights to the lease and any future leases. it will always remain in my name. the stipulation also specifies that she can remain resifing there until the following happens, emancipation of my son,remarries, default in the rent 60days, and final ( wifes cohabitation with an unrelated member of the opposite sex for a continuous period of 3months. i'm weary of this and how difficult is this to prove in new york court law. if i hire a investigator and pay for lawyer and able to prove this this will the judge just give her a slap on the wrist and say don't do this anymore after I spent x amount of dollars to prove otherwise. is cohabitation difficult to prove, any advise please ..


Asked on 6/20/03, 9:47 am

1 Answer from Attorneys
Seth Kaufman Seth M. Kaufman

Re: proving cohabitation in new york

As you are aware, "Mitchell-Lama" is a form of limited-equity coop that is subject to a special set of rules and regulations akin to rent-regulated housing. The terms of your divorce agreement may not be enforceable with respect to succession rights to the apartment because they may violate applicable regulatory provisions and even public-policy considerations that the courts strictly adhere to in this specialized area of law. If your divorce attorney understood and contemplated these issues in drafting the stip, you might not have a problem. Only after a careful review of the relevant documents and complete set of facts can any attorney give you a reliable assessment of your case. If you wish to discuss this further, I will meet with you for an hour free of charge. My number is 212-367-9167.

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Answered on 6/20/03, 10:17 am


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