Minors v. Tyler

In Minors v. Tyler (137 Misc. 2d 505 [Civ Ct 1987]) the unmarried parties lived together for several years. There were no children as a result of their relationship. When petitioner brought a licensee proceeding to evict the respondent the court found that respondent was not a licensee and dismissed the proceeding. Modern life requires the courts to recognize that unmarried couples acquire rights similar to married occupants as it affects continued occupancy of the home they have shared. (Minors v. Tyler, 137 Misc. 2d 505, 521 N.Y.S.2d 380 [Civ Ct 1987].) Minors v. Tyler, was a case where a claim of ownership served to remove the dispute from the jurisdiction of the court. In Minors, the petitioner sought, as titleholder to the one-family home, to evict his former "paramour"as a licensee. The respondent claimed constructive trust that gave her an equitable interest in the property and that precluded the petitioner from treating her as a licensee. The court rejected the notion that the respondent was a licensee, finding her to be a co-occupant with a claim of ownership. The court transferred the case to the Supreme Court where there could be a global resolution of all issues.