Tatiana Reiter, et al. v. New Jersey
DueProcess Takings JusticiabilityDoctri
Whether a temporary, notwithstanding extended, absence by one spouse from a marital residence justifies a court ordered termination of a tenancy by the entirety property interest in a marital home
QUESTION PRESENTED As a result of a state court proceeding, the Township of East Hanover was granted a tenancy in common interest with Wyeczeslav Rayter, one of the defendants below, thereby terminating a tenancy by the entirety property interest in a marital home between husband and wife, despite the fact that he was adjudicated to be in compliance with all state statutes, regulations, and township ordinances. This decision violated Wyeczeslav Rayter’s constitutional protections under the Fifth and Fourteenth Amendments of the United States Constitution as well as the New Jersey Constitution, Article I. The question presented is whether a temporary, notwithstanding extended, absence by one spouse from a marital residence justifies a court ordered termination of a tenancy by the entirety property interest in a marital home due to only one spouse, namely Tatiana Reiter, allegedly violating the owner occupancy requirements of an affordable housing agreement where the husband maintained said property at all times as his primary residence. Il,