Justice Rachel Adams
Wife TS sought to hold husband MS in contempt for violating a judgment of divorce by failing to make all necessary changes to effect the separation of the parties’ real property. The parties purchased 1412-1414 Kings Highway which had a joint Certificate of Occupancy (CO). Pursuant to a stipulation of settlement, they closed titled with 1412 being deed to TS, and 1414 to MS. The stipulation provided that MS would take, at his sole cost and expense, necessary steps to formally have the building divided as two independent properties within 18 months. TS argued the requirements of the provision were not yet completed as MS failed to obtain confirmation from the Department of Buildings that the buildings were divided and obtaining a new CO. MS alleged the buildings were separated as evidenced by the distinct deeds executed at closing. The court disagreed stating the only way the DOB could declare the formal separation of the buildings was by issuing 1412 a new CO, not merely by each party procuring two separate deeds for the properties. It stated MS could not avoid compliance with the stipulation merely because he failed to investigate the effort compliance required. Yet, in light of an ambiguity in the stipulation, a finding of contempt was precluded.
