Divorced, Moved Back In Together, and Didn't Update the Agreement? Your Apartment Is at Risk!

A recent Supreme Court ruling determines that returning to live together after divorce, without updating the divorce agreement, may establish a new intent of joint ownership in the apartment. In the case at hand, a woman who returned to live with her ex-husband for nine years and financed renovations with him was awarded half of the apartment, despite the original agreement granting it to the husband. However, the sharing was limited to additions and improvements, not the land itself.

The Supreme Court recently rejected a husband's request for leave to appeal, ruling that returning to live together after divorce, without formally canceling the divorce agreement, may establish a new intent of joint ownership in the apartment. The case involved a couple married in 1993, divorced in 2004, but who lived together for about nine more years. During this period, extensive renovations and an addition were carried out with joint funding. The Family Court partially accepted the woman's claim, recognizing her right to half of the apartment, but only regarding additions and improvements, not the land itself. The District Court largely rejected the husband's appeal, and the Supreme Court upheld the ruling, emphasizing that concrete evidence of intent to share is required. The ruling highlights the tests of 'common-law spouses' and the importance of documenting economic integration in the property.