Melnick v. Press (809 F. Supp. 2d 43, 2011)

MEMORANDUM AND ORDER

JOSEPH F. BIANCO, District Judge.

Plaintiffs Geraldine Melnick (“Melnick”) and Lonnie Sehwimmer (“Lonnie”) (collectively “plaintiffs”) bring this diversity action against Cary Press (“Press” or “defendant”), seeking, inter alia, a partition of certain properties that Melnick claims to own jointly with defendant, the imposition of a constructive trust on another property, damages for defendant’s alleged wrongful conversion of certain funds, a judgment in favor of plaintiff for the fair market rental value of defendant’s use and occupancy of certain property after defendant’s alleged ouster of plaintiff from that property, and punitive damages resulting from defendant’s alleged wrongful conversion of funds and fraudulent taking of certain property. These claims each stem from the termination of Melnick’s and Press’s quasi-marital relationship in August 2006.

A bench trial was held on September 20, 22, and 23, 2010, and on November 12, 2010. Having held a bench trial, the Court now issues its findings of fact and conclusions of law, as required by Federal Rule of Civil Procedure 52(a), and concludes, after carefully considering the evidence introduced at trial, the arguments of counsel, and the controlling law on the issues presented, that: (1) the property at 15 Ohio Avenue should be partitioned and sold, and the proceeds should be divided equally between Melnick and Press, after payment of any remaining liens or encumbrances; (2) neither Press nor Melnick is entitled to reimbursement for any payments of carrying costs or other expenses associated with 15 Ohio, or for any rental income allegedly received from the property; (3) Press did not oust Melnick from 15 Ohio; (4) the Delray Beach property should be partitioned and sold and the proceeds should be divided equally between Melnick and Press, after payment of any outstanding mortgages, liens, or encumbrances; (5) Press is not liable to Melnick for conversion of insurance proceeds related to the Delray Beach property; (6) Press is not liable to Melnick for conversion of funds from a home equity line of credit on the 15 Ohio property; and (7) plaintiffs are not entitled to a constructive trust on the property located at 16 Nevada Avenue. Moreover, given the Court’s findings, plaintiffs’ claim for punitive damages regarding the fraudulent taking of the Del-ray Beach insurance proceeds and the 16 Nevada property is rendered moot.

I. Background

On December 20, 2006, plaintiffs filed the complaint in this case, seeking: (1) a partition of real property known as and located at 15 Ohio Avenue, Long Beach, New York (the “15 Ohio” property); (2) a partition of real property known as and located at 914 Foxpointe Circle, Delray Beach, Florida (the “Delray Beach” property); (3) an accounting for both of the aforementioned properties; (4) the imposition of a constructive trust on real property known as and located at 16 Nevada Street, Long Beach, New York (the “16 Nevada” property); (5) the partition of the 16 Nevada property; (6) an accounting for the 16 Nevada property; and (7) damages for defendant’s alleged wrongful conversion of insurance proceeds and financing placed upon the properties. Defendant answered on February 16, 2007, and counterclaimed against Melnick for: (1) 50% of the maintenance expenses paid on 15 Ohio, on property located at 17 Ohio Avenue, Long Beach, New York (“17 Ohio”), and on the Delray Beach property, and (2) an accounting of monies expended by Melnick for the maintenance expenses at 15 Ohio, 17 Ohio, and Delray Beach. Defendant also counterclaimed against Melnick and Lonnie for wrongful conversion of property from the Delray Beach property.

On October 30, 2009, plaintiffs filed a motion for summary judgment. Press opposed the motion and cross-moved to dis- . miss plaintiffs’ claim for the imposition of a constructive trust on 16 Nevada. On April 14, 2010, the Court held oral argument on the motions and denied both motions for the reasons set forth on the record. On April 28, 2010, Press moved for reconsideration of the Court’s denial of his motion to dismiss the constructive trust claim. The Court denied Press’s motion for reconsideration in an oral ruling made on June 10, 2010. On July 29, 2010, Press filed a motion for partial summary judgment. The Court orally denied defendant’s motion on September 20, 2010 and memorialized its rulings in a written order issued on October 1, 2010, 2010 WL 3925253. The Court conducted a bench trial on September 20, 22, and 23, 2010, and on November 12, 2010.

II. Findings of Fact

The following section constitutes the Court’s findings of fact pursuant to Federal Rule of Civil Procedure 52(a)(1). These findings of fact are drawn from witness testimony at trial (“Tr.”), the parties’ trial exhibits (“Tr. Ex.”), and undisputed facts submitted by the parties in the joint pre-trial order (“PTO”).

A. Melnick’s and Press’s Relationship

Melnick and Press began dating in or around the early 1980s. (Tr. 104:23-105:13; 306:18-307:7.) Prior to dating Press, Melnick was separated from her husband, whom she later divorced and with whom she had two children, Eric and Lonnie Sehwimmer. (Id. 105:1-13.) In or around 1994, Melnick and Press began living together at the 15 Ohio property (id. 106:21-22, 109:16-110:3, 308:14-17), which Press had purchased in or around 1985. (Id. 307:21-22.) During the twelve years that they lived together, Press and Mel-nick were more than mere roommates-Press testified at trial that their relationship was sexual in nature (id. 387:15-18), and Melnick described that they “lived like a married couple,” including sharing the same bed, socializing together, and interacting with each other’s families. (Id. 257:21-258:8.)

The Court finds that Melnick and Press had a quasi-marital relationship based upon the testimony cited in this section, which the Court found credible. For example, Melnick testified that she cooked for Press, cleaned the house, and assisted Press after he was injured in several accidents, including by taking him to the doctors, dressing his wounds, putting on his shoes and socks, helping him into the shower, and getting his medicine. (Id. 110:8-111:1.) Press acknowledged that Melnick performed many of these activities and that she helped to maintain the household at 15 Ohio. (Id. 37:24-38:13; 39:9-14.) Press, Melnick, and Melnick’s children spent all holidays together, including Thanksgiving, Hanukkah, Father’s Day, Mother’s Day, and birthdays, and both of Melnick’s sons testified that they considered Press to be a father-figure to them. (Id. 70:5-71:19; 192:24-193:1.) Lonnie Schwimmer testified that he brought Press gifts for Father’s Day and that Press was part of Lonnie’s wedding. (Id. 71:25-72:14, 75:12-19.) Press also testified that he bought many gifts for Mel-nick (id. 36:5-8), and Melnick described that they had “a typical married relationship even though we didn’t have the papers. We did everything together as a family with and without my children. We acted like a regular married couple. We went on vacations together, we went to affairs together, we went out, we had friends, we do everything I guess regular people do without the ring.” (Id. 104:16-22.) During their relationship, Melnick was listed as the sole beneficiary of Press’ last will and testament. (Id. 36:25-37:9.)

Melnick also helped Press’ family members, including Press’ brother, his brother’s girlfriend, and his mother, by, for example, bringing them food and helping them through medical treatments. (Id. 112:2-13; 418:8-20.) In addition, when Melnick’s son, Eric Schwimmer, was undergoing cancer treatment, Press cleaned Eric’s wounds and helped to take care of him. (Id. 37:10-19; 111:23-112:1.) Press also took care of Melnick after Melnick had back surgery. (Id. 111:22-23.)

With regard to their finances, both Press and Melnick paid a portion of their living expenses, but neither kept track of precisely which bills or what amounts were paid by whom. (Id. 34:3-8; 39:12-14; 112:19-24; 222:14-22.) Melnick also helped Press pay off a mortgage that Press held on real property he owned at 17 Ohio Avenue in Long Beach, New York (“17 Ohio”). By way of background, at some point during their relationship, Press transferred a 50% interest in the 17 Ohio property to Melnick. (Id. 36:9-15.) Mel-nick did not pay Press any money for this transfer, which Melnick testified, and the Court credited, was made as a gift. (Id. 106:25-107:2; 254:9-15.) Press also held a $121,790 mortgage on the 17 Ohio property, which Press took out to pay for renovation of the property at 15 Ohio. (Id. 370:19-371:7.) After Melnick became a co-owner of the 17 Ohio property, she made approximately $40,000 in payments toward this mortgage. (PL’s Tr. Ex. 15; Tr. 215:22-24; 221:11-22; 314:19-315:1.) Subsequently, however, Melnick’s name was taken off of the deed at 17 Ohio because, as described by Melnick, “[Press] wanted me to take my name off the deed because he said my credit wasn’t good, since we did all the renovations at 15 Ohio and I built up all of these debts and if he wanted to purchase something else for us together, then it would be better for me to have my name off of this house.” (Tr. 222:2-8; 38:11-19.)

Ultimately, on August 29, 2006, after living together for twelve years, Melnick decided to end her relationship with Press and move out of the house at 15 Ohio. (Id. 232:3-6.) Melnick testified that this decision was prompted by a change in Press’s behavior after he was involved in several accidents and began taking pain medication. Specifically, Melnick described that Press had become irrational and verbally abusive in the final two years of their relationship, and that he “constantly” screamed, was “very angry at the world,” and had become a recluse. (Id. 232:14-233:6.) Thus, according to Melnick, “I left him because at this point I saw that all his erratic behavior, and all his craziness, and all his mood swings, and all his drug taking was making him very irrational, and I was very afraid of him.” (Id. 232:8-11.) Similarly, Eric Schwimmer, Melnick’s son, testified that Press was “very nasty” and “put everybody down,” (id. 202:25-203:2), and Harriet Kovel (“Kovel”), a long-time friend of Melnick’s, testified that defendant’s personality had changed and his behavior was “erratic.” (Id. 169:20-23.)

Prior to Melnick’s move, she packed many of her belongings, including her summer clothing, her art supplies, and her bike, and had those belongings brought down to Florida by truck. (Id. 237:14-16; 266:6-10; 266:18-267:1.) In addition, the record is clear that on the day of Melnick’s move, Melnick did not leave by herself but instead had Press drive her to her friend’s house. (Id. 237:17; 266:14-16; 339:14-25.)

B. 15 Ohio

Press purchased the home located at 15 Ohio in or about 1985 for approximately $185,000. (Id. 18:11-17) At the time of purchase, Press paid a 10% down payment and took out a mortgage on the property for approximately $164,000. (Id. 21:13-22:4.)

Subsequently, in 1994, Melnick and Press decided to move in together at 15 Ohio. (Id. 106:20-22; 109:16-110:4.) According to Melnick, she and defendant made the decision to cohabitate because Melnick’s children “were older and they were out and basically almost on their own, and we felt that it would be better to live in one place.” (Id. 110:24-110:3.) Up until that point, Melnick had been living in her home in Woodmere, New York, which she sold prior to moving in with defendant. (Id. 106:21-24; 308:4-17.)

Approximately two years later, in April 1996, Melnick became a co-owner of the 15 Ohio property with Press. (Id. 106:13-21.) Specifically, as reflected on the deed of 15 Ohio, Melnick and Press are joint tenants with rights of survivorship. (Pis’ Tr. Ex. 13; Tr. 18:4; 107:11-22.) The deed also states that Melnick was placed on the deed in consideration of $157,630. (Pl.’s Tr. Ex. 13; Tr. 113:5-8.) Although Melnick admitted that she never gave Press $157,630 “in that exact amount,” (Tr. 113:9-10), she testified at trial that she gave Press $70,000 in cash and then additionally paid over $200,000 for renovations of the 15 Ohio property. (Id. 113:18-22; 136:22-24.) Regarding the $70,000 payment, Melnick noted that this money was intended to go toward the renovation of the 15 Ohio house and that she did not pay this amount on the day she signed the deed, but instead gave Press the money sometime thereafter. (Id. 113:11-22; 254:20-23.) Melnick denied that Press promised he would put her on the deed if she paid him half of the value of the property and, instead, claimed that Press told her he was giving her a half interest in the property as a gift. (Id. 254:16-23; 260:9-12.) In particular, regarding the reason why Press transferred an interest in 15 Ohio to her, Melnick testified:

Cary told me that he wanted me to have security and he wanted to give me half and it was the day before his birthday. He wanted to give me half because we sold my house and didn’t want to live there and he needed money, I know, for the renovation. But it had nothing to do with the financial deal---- There was never an agreement that I was going to pay him any money for it.

(Id. 297:17-298:1.) In contrast, Press acknowledged that Melnick paid him $70,000, but he testified that he understood that Melnick was paying him for a 50% interest in the property and that he considered them to be business partners in the deal. (Id. 308:24-309-18; 387:25-388:2.) Press also testified that he understood that Mel-nick would pay half of the expenses for the property and would pay for half of the renovation costs. (Id. 309:15-16; 310:15— 17.)

As to the renovation payments, Melnick introduced a number of checks at trial made payable to a variety of contractors and workers involved in the construction and renovation of the 15 Ohio property. (Pl.’s Tr. Ex. 6.) The parties do not dispute that the total cost of the renovations was approximately $204,000, or that Melnick wrote checks totalling this amount. (Tr. 219:5-9.) Press also does not dispute that the $204,000 in renovation-related payments were separate from, and in addition to, the $70,000 that Melnick paid directly to Press. (Id. 219:18-25.) However, the parties do dispute where the $204,000 came from and who contributed which amounts to the renovation. Specifically, Melnick testified that she put approximately $80,000 to $90,000 worth of charges for the renovations on eight to ten different credit cards, and that she also contributed to the renovation from her savings, from money she received through the sale of her Woodmere house, and from her work salary. (Id. 137:5; 250:1-14; 251:3-10.) Press, in contrast, claims that he paid “a couple hundred thousand” dollars for the renovation and that he “was putting in most of the money.” (Id. 312:15-24; 59:14.) These funds, he testified, came from settlements from several accidents he was in, as well as from his savings, from money he borrowed from others, and the $70,000 that Melnick had paid him. (Id. 312:15-24.) He also contends that while Melnick may have written checks from her account for the renovation, those payments were made using money that Press gave Melnick. (Id. 50:9-11; 318:3-319:11.)

After carefully considering the evidence introduced at trial, the Court finds that both parties contributed at least some amount toward the renovation, but that neither party kept sufficient documentation (or provided detailed enough testimony) in order for the Court to accurately determine their precise contributions. Instead, the Court finds that, because of the quasi-marital nature of the relationship, both Melnick and Press were contributing towards renovations and other expenses for 15 Ohio without keeping track of such contributions. For example, although Press claims that Melnick wrote checks for the renovation with money that Press gave her and that Press was the one who contributed most of the money, Press nevertheless admitted that Melnick contributed “some money” to the renovations and that, in fact, he was “not exactly sure where she got what” money. (Id. 50:5-14.) Moreover, Press stated that some of the funds he gave back to Melnick came from the $70,000 that she had paid to him. (Id. 312:19-24; 319:12-16.) Melnick similarly acknowledged that Press gave her “some money” for the renovation of 15 Ohio, although she could not recall how much Press gave her. (Id. 251:11-17.) Press also submitted a number of checks as evidence at trial demonstrating that he gave funds to Melnick. (Def.’s Tr. Ex. Z.) However, only four of these checks were written in 1996 and 1997, when the renovations took place. (Id. at Tab 9; see also Tr. 295:23-296:2; 310:3-14; 312:2-6.) Additionally, even assuming arguendo that each of these checks were considered reimbursement for renovation costs, the checks only total $39,000, which is far short of the $204,000 total cost for the renovation at 15 Ohio.

Furthermore, both Melnick and Press admitted that they did not keep track of money coming into or out of the property, and neither kept a log as to who made which payments. (Tr. 59:6-17; 112:19-24.) Indeed, Melnick testified that, as a general matter, “we lived as a couple and I helped.... I never watched the money. If he wanted something and I had it, I gave it to him. If I needed something and he had it, he gave it to me.” (Id. 222:17-22.) Finally, despite his testimony to the contrary, Press testified that he was “positive” that plaintiff had paid for her interest in 15 Ohio. (Id. 58:23-59:1.)

C. 15 Ohio Home Equity Line of Credit

In 2005, Press took out a $250,000 Home Equity Line of Credit (“HELOC”) on the 15 Ohio property. (Id. 22:5-12; 23:11-24.) Melnick was a co-owner of the property at that point, and, as such, Press testified that Melnick had to approve the HELOC since her name also appeared on the deed for the property. (Id. 22:5-12; 64:3-9.) Although the HELOC paperwork admitted at trial did not contain Melnick’s signature (Pl.’s Tr. Ex. 2; Tr. 23:8-10), Melnick admitted during her testimony that she signed for the HELOC on the 15 Ohio property. (Tr. 256:12-18.) Specifically, testimony elicited by Melnick’s attorney revealed that, although Press was the only one who signed the note for the HELOC, Melnick did, in fact, sign the mortgage for the home equity line. (Id. 373:22-374:1.)

Prior to taking out the HELOC, Press had a discussion with Melnick wherein he explained that the reason he wanted to take out the HELOC was to pay for day-to-day living expenses because Press was not working at the time and was receiving federal Social Security Disability benefits. (Id. 55:19-24; 66:22-67:23.) In particular, Press credibly testified that he told Mel-nick that they “should take out a home equity line of credit so that if we needed the money to live on because I wasn’t able to work, that we would have access to it. And while my credit was still very good and things were okay, I didn’t have any problems, to do it at that point.” (Id. 313:10-16.) Press also credibly testified that while some funds from the HELOC were used to pay off the preexisting mortgage that Press held on 15 Ohio (Id. 28:18-29:2; 312:25-313:3), most of the funds were used for living expenses. (Id. 313:4-6.) Press also noted, and the Court credited, that Melnick received some of the home equity line funds. (Id. 39:15-18.)

Melnick, however, introduced evidence that Press also used some of the funds to pay for racehorses and related expenses. Specifically, Melnick introduced a number of checks written by Press to pay, for example, veterinary bills, a horse trainer, racing authority fees, and insurance for a racehorse. (Id. 51:22-54:23.) Press acknowledged that he was spending thousands of dollars from “a home equity line of credit” on racehorses (id. 56:7-10), but he claimed at trial that these payments were made from a HELOC that he took out on property located at 16 Nevada. (Id. 376:17-20.) The Court finds that there is insufficient credible evidence in the record for the Court to conclude that the funds for racehorses and related expenses came from the HELOC for 15 Ohio, rather than 16 Nevada.

Finally, Melnick never paid any money back on the HELOC because she “never could even write a check on that loan” and “never saw a bank statement on that loan.” (Id. 257:5-7.)

D. 16 Nevada

In or around 1995 or 1996, Lonnie Schwimmer rented an apartment located at 16 Nevada. (Id. 77:24-78:7.) While he was living there, Lonnie claims to have told the then-owner of 16 Nevada, Patrick Healy (“Healy”), that he was interested in buying the property if Healy wanted to sell it. (Id. 81:19-23.) Similarly, Press also claims to have been interested in purchasing 16 Nevada for many years. (Id. 352:16-18.)

In or around late 1998 or early 1999, Healy called Lonnie and offered Lonnie the property. (Id. 82:6-9; PTO 7.XV) Lonnie was “very excited about the opportunity,” and approached the CFO of his company to help him “double-check what I thought seemed like a great deal.” (Tr. 82:10-18.) Lonnie also called his mother to inform her about the deal. (Id. 82:24.) Approximately thirty minutes after Lonnie spoke with his mother, Press allegedly called Lonnie in a panic, stating that Lonnie couldn’t buy the property because 16 Nevada was for Press and Melnick for their retirement. (Id. 82:24-83:7.) Lonnie testified that he “kind of like threw my hands up there,” and that the discussions between Press, Melnick, and Lonnie continued for several days. (Id. 83:8-10.)

Ultimately, on July 28, 1999, Lonnie purchased the property on Press’s behalf. (Id. 85:11-86:1; 353:18-22.) It is undisputed that, although Lonnie held a mortgage for the property in his name, Press reimbursed Lonnie for all mortgage payments and Lonnie did not, in fact, make any payments himself toward the mortgage. (Id. 47:7-14; 84:4-7.) Press also paid Lonnie $65,000 for closing costs and paid every other expense for the property, including taxes and utility payments. (Id. 273:11-18; 356:7-13; 357:6-16; 390:8-11; Def. Tr. Ex. H; PTO 7.XIX.) Indeed, Lonnie testified that “everything was handled by [Press],” and Lonnie was not even sure whether there was homeowners’ insurance on the property. (Tr. 90:13-15.) Lonnie also acknowledged that every payment he ever made in connection with 16 Nevada was reimbursed, and he did not have any out-of-pocket expenses for the property. (Id. 91:24-92:6.) For example, although it is disputed whether Lonnie did or did not loan Press $10,000 for the down payment (id. 83:25-84:1; 273:11-16; 356:4-6), even if such money was loaned, plaintiffs acknowledge that this amount was repaid by Press within eight months to one year of the purchase of the property. (Id. 88:1-5; 274:16-20; 95:24-96:7.) Finally, it is undisputed that three years after purchasing the property, Lonnie transferred 16 Nevada to Press on March 5, 2002. (Id. 354:9-355:4.)

Plaintiffs and Press dispute, however, why Lonnie transferred the property solely to Press (and not to both Press and Melnick) and what, if any, promises were made by Press to Lonnie prior to the purchase of the property. Specifically, plaintiffs claim that Press promised that he would transfer an interest in 16 Nevada to Melnick and that the only reason the transfer was not made initially to both Press and Melnick was because Press said that Melnick’s credit was not good enough to be on the deed. (Id. 87:18-25; 269:5-15.) As to the initial promise allegedly made by Press prior to Lonnie’s purchase of 16 Nevada, Lonnie testified that he was willing to forgo purchasing the house for himself because:

[BJasically I was getting out of the way of the house for my mother, and he said to me that he promised me that he would put my mom’s name on the deed after their credit cleared up because there was always some type of credit issue, and take it back in their name and everything and they were going to retire off the property.

(Id. 85:11-20.) Lonnie further claimed that this promise to add Melnick to the property at a later date was reiterated at the time that Lonnie transferred the property to Press, when Press stated again that the reason Melnick was not on the deed was because of her poor credit. (Id. 87:18-25; 92:19-94:11.)

Press, however, denies ever having made any agreement with either Lonnie or Melnick regarding the future transfer of 16 Nevada to Melnick. (Id. 358:4-16.) Thus, Press denies that Lonnie transferred 16 Nevada to Press in reliance on Press’s promise to add Melnick to the deed and, in support of this argument, points to the fact that Press paid all expenses in connection with the property at 16 Nevada. (Id. 353:18-358:19.)

Having carefully considered the trial evidence (and as described in more detail in the Conclusions of Law), the Court finds that plaintiffs have failed to provide credible evidence that a promise or agreement existed regarding the future transfer of 16 Nevada to Melnick.

E. Delray Beach Property

On January 21, 2004, Melnick and Press purchased a house at 714 Foxpointe Circle in Delray Beach, Florida as tenants in common. (PTO 7.VII; Tr. 223:11-20.) As with the property at 15 Ohio, Press testified that he saw his co-ownership of the property with Melnick as a “business deal” and that he told Melnick to “put up half’ of the costs for the purchase of the home if she wanted to be “partners” in the deal. (Tr. 320:21-321:4.) Both Press and Mel-nick were listed as insureds for the property. (Id. 41:8-12; 228:23-24.) Although Melnick did not pay for half of the purchase price of the home, Melnick did contribute $9,000 toward the purchase of the property (id. 224:6-11; 325:7-10; 386:8-10) and made five payments between February 2004 and June 2004 toward the mortgage on the property, for a total of approximately $10,000. (Pl.’s Ex. 14; Tr. 279:22-280:1; 386:11-13.) Melnick also testified that she paid certain bills for the property, including electric, telephone, cable, and housekeeping bills, although she did not testify regarding how much money she paid toward these bills. (Tr. 280:21-281:1.) Press paid the remaining expenses for the property, including various closing costs associated with the purchase of the property, such as homeowners association dues and various initiation fees. (Id. 322:7-16.) However, the last payment made toward the mortgage on the property was made in or around March 2007, and the property is currently going into foreclosure. (Id. 324:15-16; 325:6-9.)

In October 2005, Hurricane Wilma caused severe damage to the house, thus requiring Melnick and Press to undergo extensive renovations and repairs on the property. (Id. 41:13-15; PTO 7.VIII.) After Melnick and Press submitted insurance claims for the damage, their insurance companies issued checks totaling $214,168.53. One check for $105,657.07 was made payable not only to Press and Melnick, but also to CitiMortgage, who, as the mortgagor for the property, kept possession of these funds and paid out checks from this amount as reconstruction on the property was completed. (Tr. 65:20-66:7; 285:4-9.) In addition, one check for $78,311.46 from Florida Insurance Guaranty Association was inadvertently issued only to Press, even though both Press and Melnick were insureds for the property. (PL’s Tr. Ex. 6; PL’s Tr. Ex. 7; PTO 7.XII.) Although the insurance company sent a letter requesting that Press return this check so that it could be made payable to both Press and Melnick, Press claims to have never received this letter, given that it was sent to the Florida address, and admits that he deposited this check into his personal checking account. (PL’s Tr. Ex. 6; Tr. 46:4-10.) Press testified that he used these funds to pay bills for the repairs of the Delray Beach house. (Tr. 46:11-12.) Of the remaining $30,200, Mel-nick deposited one check for $7,600 in her account (Id. 229:18-19) and gave the remaining checks — which were issued to both Press and her — to Press, who deposited them into his account. (Id. 229:20-23; 43:15-17; 44:14-16.)

Neither Melnick nor Press provided conclusive documentary evidence at trial regarding the exact total cost of the repairs of the Delray Beach property. Although Melnick claimed that the total cost of the reconstruction was approximately $110,000, she submitted no receipts to corroborate this (PTO 7.X.) Therefore, the Court does not credit Melnick’s testimony that Press received insurance checks for $240,000, and, instead, the Court finds that the total amount of insurance proceeds paid by the insurance companies was $214,168.53. estimation and, in fact, admitted that she had “guesstimated” this figure based on having seen “a lot of the bills” for the repairs when she was down in Florida. (Id. 230:8-15; 284:3-16.) Press did not provide an estimate for the total cost of the reconstruction during his testimony, but he did provide receipts totalling approximately $85,325 that he testified represented “not half’ of the expenses he incurred in connection with the repairs. (Def. Ex. Z; Tr. 467:4-6.) Press also testified regarding the extensive repairs that were necessary at the Delray Beach property as a result of water and wind damage, including mold and mildew mitigation, replacing the sheetrock, insulation, and air conditioning ductwork, and repairing the roof. (Tr. 328:12-15; 332:24-333:23; 334:17-335:20.) Having carefully considered the evidence at trial, the Court finds credible Press’s testimony that all of the insurance proceeds were used to pay for extensive repairs to the home after the hurricane. Other than sheer speculation, Melnick has provided no credible evidence that the proceeds were used for other purposes or to Melnick’s detriment.

III. Discussion

A. Partition of 15 Ohio and Delray Beach Properties

Melnick is seeking a partition of the 15 Ohio and Delray Beach properties and argues that she should receive 50% of the proceeds of the sale and should not be responsible either for reimbursing Press for the costs of any repairs or expenses or for any outstanding liens or encumbrances on the properties. Press does not dispute that the properties should be partitioned by sale, but he does dispute that the sale proceeds should be divided evenly between Melnick and him. Press does not propose what the division of the proceeds should be, but instead argues that the Court must conduct an accounting to determine the parties’ respective contributions to the property. Press contends that he is entitled to reimbursement to the extent that his contributions were greater than those of Melnick.

As an initial matter, as to defendant’s request for an accounting, the Court recognizes that an accounting is a necessary incident to a partition action and, accordingly, has reviewed all of the financial information and other evidence regarding expenditures for the property submitted by both parties in reaching its decision. Having reviewed this financial data, as well as the other evidence presented at trial, the Court finds, first, that defendant has failed to rebut the presumption that the property at issue here should be divided equally, and, second, that defendant is not entitled to reimbursement for any expenses incurred by him in connection with either property. Thus, Press and Mel-nick each are entitled to a 50% share of the proceeds from the sale of the 15 Ohio and Delray Beach properties. Further, the Court rejects Melnick’s argument that she should take her portion of the sale proceeds free of any liens or encumbrances and finds, instead, that any monetary liens or judgments must be satisfied equally between Melnick’s and Press’s share of the sale proceeds.

1. Legal Standards

Under New York law, “[a] joint tenancy is an estate held by two or more persons jointly, with equal rights to share in its enjoyment during their lives, and creating in each joint tenant a right of survivorship.” Goetz v. Slobey, 76 A.D.3d 954, 908 N.Y.S.2d 237, 239 (2010) (internal quotation marks and citation omitted). There is a “strong presumption ... that joint tenants hold the property in equal interests.” In re Roswick, 231 B.R. 843, 854 (Bankr.S.D.N.Y.1999) (citations omitted). Indeed, as explained by the New York Court of Appeals, “[i]n contrast to individual property, a joint tenant is entitled to an immediate one-half interest in the joint property.” In re Estates of Covert, 97 N.Y.2d 68, 735 N.Y.S.2d 879, 761 N.E.2d 571, 576 (2001) (citations omitted). “This interest is immediately vested, entitling either tenant to a half portion, even though only one tenant may have established and contributed to the asset.” Id. (citations omitted). Likewise, tenants in common “share a rebuttable presumption that each holds an equal undivided one-half interest in the subject premises.” C.Y. v. H.C., No. XX07, 16 Misc.3d 1102(A), 2007 WL 1775506, at *1 (N.Y.Sup. Ct. May 30, 2007) (citing Lang v. Lang, 270 A.D.2d 463, 705 N.Y.S.2d 295 (2000)). However, in contrast to a joint tenancy, a tenancy in common “represents interests in property held individually by two or more persons in which no right of survivorship exists.” People v. Rosenfeld, 17 Misc.3d 253, 844 N.Y.S.2d 587, 595 (N.Y.Sup.Ct.2007) (internal quotation marks and citation omitted).

Pursuant to Section 901 of the New York Real Property Actions and Proceedings Law (“RPAPL”), a person who holds property as a joint tenant or as a tenant in common may bring an action for the partition and sale of real property “if it appears that a partition cannot be made without great prejudice to the owners.” McKinney’s R.P.A.P.L. § 901(1). The tenant seeking the partition need not be in actual possession of the property to bring such an action, but instead need only have a right to possession of the property pursuant to the property’s title. See Donlon v. Diamico, 33 A.D.3d 841, 823 N.Y.S.2d 483, 484 (2006); Kurpiel v. Kurpiel, 50 Misc.2d 604, 271 N.Y.S.2d 114, 115 (N.Y.Sup.Ct.1966). “A partition action, although statutory, is equitable in nature and an accounting of the income and expenses of the property sought to be partitioned is a necessary incident thereof.” Worthing v. Cossar, 93 A.D.2d 515, 462 N.Y.S.2d 920, 922 (1983) (internal citations omitted); accord Deitz v. Deitz, 245 A.D.2d 638, 664 N.Y.S.2d 868, 869 (1997). Moreover, because an action for partition is subject to equitable considerations, the Court “may compel the parties to do equity as between themselves and may adjust the equities of the parties in determining the distribution of the proceeds of the sale.” Worthing, 462 N.Y.S.2d at 922 (internal citations omitted); see also Hunt v. Hunt, 13 A.D.3d 1041, 788 N.Y.S.2d 219, 221 (2004) (“[Pjartition is an equitable remedy in nature and Supreme Court has the authority to adjust the rights of the parties so each receives his or her proper share of the property and its benefits.”). Stated otherwise, “[i]n a partition action, this Court sits both as a court of law, which must evaluate the wording of the deed, and as a court of equity, which must consider issues of fairness and the respective contributions of the parties.” C.Y., 2007 WL 1775506, at *1. Thus, while joint tenants each own an undivided one-half interest in their joint property during their lifetimes, Covert, 761 N.E.2d at 576, this presumption of equal interests is rebuttable upon partition of the property when the Court must weigh equitable considerations and, as stated supra, may compel the parties to do equity among themselves. See, e.g., Koehler v. Koehler, 182 Misc.2d 436, 697 N.Y.S.2d 478, 485 (N.Y.Sup.Ct.1999) (“[T]he designation of the parties as joint tenants creates a unity of estates which, upon partition, requires an equal division of the property or the proceeds of any sale. The difficulty with the defendant’s case is that [this] presumption is [not] absolute and may be rebutted.” (citations omitted)). The presumption of equal interests among tenants in common similarly is rebuttable upon partition. See Laney v. Siewert, 26 A.D.3d 194, 810 N.Y.S.2d 436, 437 (2006) (evidence that defendant paid “virtually all of the apartment’s purchase price and carrying costs is sufficient to rebut the presumption that the parties are entitled to an equal number of shares on partition”).

As a general matter, “expenditures made by a tenant in excess of his obligations may be a charge against the interest of a cotenant.” Worthing, 462 N.Y.S.2d at 922 (citations omitted). Likewise, where one party has received “more than his or her proper share of rents or profits derived from the property,” the Court may “adjust the rights of the parties” accordingly. Deitz, 664 N.Y.S.2d at 869. However, while an accounting is necessary where, for example, “there is evidence that one party has received a disproportionate share of the rents or profits from real property, there must be evidence that the party from whom an accounting is sought actually received the rents and profits.” Wawrzusin v. Wawrzusin, 212 A.D.2d 779, 623 N.Y.S.2d 255, 257 (1995) (emphasis added) (citations omitted). In addition, reimbursement for repairs and improvements is warranted only where the repairs and improvements “were made in good faith and were necessary to protect or preserve the property.” Worthing, 462 N.Y.S.2d at 923 (noting that the “mere fact that the defendant has made improvements or repairs upon the property does not in itself necessarily give a right to an equitable allowance,” and that “[t]here must be proof of the circumstances and need for the restoration work” (internal quotation marks, citations, and alterations omitted)); see also Wawrzusin, 623 N.Y.S.2d at 257 (denying reimbursement for repairs where there was insufficient evidence to support a claim for a credit and denying reimbursement for cost of an addition to the property because “a co-tenant is not entitled to an allowance for improvements which are not in the nature of repairs or restoration and are made for the co-tenant’s own purposes without the agreement or consent of the other co-tenants”).

Ultimately, in determining the equitable division of property, “the Court may consider the nature of the parties’ relationship, disparities in down payments and mortgage payments, whether any such disparate contributions to the property were intended to be a gift, the reasonable value of improvements and repairs to the property and the reasonable value of rental payments with regard to an ousted co-tenant.” In re DeVanzo, Nos. 8-08-75665-reg, 8-09-08128-reg, 2010 WL 1780038, at *5-6 (Bankr.E.D.N.Y. May 3, 2010) (quoting C.Y., 2007 WL 1775506, at *1). In other words, while the Court should consider the parties’ “separate contributions to acquisition and improvement of the property,” Quattrone v. Quattrone, 210 A.D.2d 306, 619 N.Y.S.2d 773, 774 (1994), the Court also “must consider the relationship between the parties and whether the co-tenant who paid for such expenditures intended his disparate contributions to be a gift.” In re Schroeder, No. 327294, 19 Misc.3d 1119(A), 2008 WL 1724006, at *4 (N.Y.Surr.Ct. Mar. 26, 2008) (citation omitted).

2. Application

a. 15 Ohio

As noted supra, Melnick and Press own the property at 15 Ohio as joint tenants. Accordingly, the strong presumption that “joint tenants hold the property in equal interests” applies here. In re Roswick, 231 B.R. at 854. In addition, because this is a partition action, the Court has evaluated the equitable factors at issue and has considered not only the parties’ respective financial contributions to the acquisition and improvement to the property, but also the parties’ relationship and whether any alleged disparate contributions by one party could reasonably be construed as a gift to the other.

Regarding the nature of the parties’ relationship, the Court finds it clear from the record that, despite defendant’s effort to characterize his relationship with Melnick regarding 15 Ohio as a business partnership, Press and Melnick were involved in a longterm, quasi-marital, romantic relationship for over twenty years. Indeed, Press and Melnick already had been dating for approximately ten years and cohabitating at 15 Ohio for two years at the time that Press put Melnick on the deed for the property. Although they were never officially married, Press and Melnick shared the same bed, spent holidays together, took care of each other’s families, and socialized together as any married couple would. Melnick’s children viewed Press as a stepfather, and Press listed Melnick as the sole beneficiary of his will. Moreover, neither Press nor Melnick made any effort to keep track of who paid which bills or how much money either had contributed to the property. As described by Melnick, “[W]e lived as a couple and I helped.... I never watched the money. If he wanted something and I had it, I gave it to him. If I needed something and he had it, he gave it to me.” (Tr. 222:17-22.) Press similarly acknowledged that he did not keep a log regarding any payments made by either Melnick or him. (Id. 59:6-17.) Thus, although Press and Melnick did not hold a joint bank account, the quasi-marital nature of their relationship and their lack of effort to maintain any distinctions between their respective contributions to the property are equitable considerations that weigh strongly in favor of a 50/50 division of the property.

This conclusion is further supported by a review of the evidence presented at trial regarding the parties’ respective contributions to the acquisition and improvement of the property. As to Melnick’s contributions, although the $70,000 that Melnick gave Press was given after she was put on the deed and was not intended as payment for her “acquisition” of an interest in 15 Ohio, it is undisputed that this sum was put toward the renovation costs at 15 Ohio and, thus, represents a substantial investment by Melnick in the property. Moreover, of the additional $204,000 in renovation costs, the Court finds that Press has failed to substantiate his claim that he paid more of these costs than Melnick did. Specifically, while Press put in checks demonstrating that he gave money to Mel-nick during the course of their relationship, only four of these checks were written in 1996 and 1997, when the renovations took place, and these checks only totalled $12,200. (Def. Ex. Z, Tab 9.) In any event, even assuming arguendo that each of the payments from Press to Melnick was intended as reimbursement for renovation costs, these checks only total $39,000, which represents less than a quarter of the $204,000 in total renovation costs. Furthermore, Press acknowledged at trial that some of the money he gave to Melnick as “reimbursement” came from the original $70,000 that she had paid to him for the renovations — clearly, Press should not receive credit for paying Mel-nick with funds that originally were Mel-nick’s. Accordingly, the Court does not credit Press’s testimony that he paid for most of the renovations and that Melnick did not pay for her share in 15 Ohio and, as such, finds that Press had failed to rebut the presumption that the property should be divided equally between Melnick and Press. In addition, the Court finds that, although Melnick may not have paid $157,630 “in that exact amount” for her share in 15 Ohio (Tr. 113:5-10), she contributed a substantial sum toward the property between the $70,000 payment and her payments for the renovation. Further, the Court also notes that plaintiffs introduced evidence at trial that, in 1996, the fair market value of 15 Ohio was approximately $220,000. (Id. 182:12-16.) Defendant introduced no evidence that this estimation was inaccurate or to suggest that the value of the property was greater than $220,000. Consequently, based on this figure, Melnick need only have paid approximately $110,000 — not $157,630 — to obtain a 50% interest in 15 Ohio. Under these circumstances, the Court finds that a 50/50 division of the 15 Ohio property is equitable and appropriate.

Likewise, as to carrying costs for the property, the Court finds that Press has submitted insufficient evidence to demonstrate that he is entitled to a greater share of the sale proceeds as reimbursement for his alleged payment of these costs. For example, although Press submitted evidence that he made a number of utility bill payments (Def. Ex. Z, Tab 6), there are months and even entire years for which he submitted no such checks, and, thus, defendant’s evidence fails to establish that Press paid more than his share of the expenses for 15 Ohio. For example, Press submitted no evidence that he paid any utility bills from 1999 through 2004, or from 2005 through 2006, other than one payment in December 2005. In addition, for the 33 month period from April 1996 (when Melnick became a joint tenant) through December 1998, Press only submitted evidence that he paid utility bills for 20 of those months. Similarly, as to mortgage payments, Press failed to submit any evidence indicating that he made payments on the mortgage in 1996, 1997, 2006, or between February to December 2002 or January to November 2003. Press also failed to submit evidence of mortgage payments made by him for nine months in 1998, or in March 1999, July 1999, May 2000, June 2001, June 2005, November 2005, or December 2005. Thus, Press has failed to substantiate his claim that he is entitled to reimbursement for his payment of carrying costs associated with 15 Ohio. See Kiernan v. Martin, 48 A.D.3d 641, 852 N.Y.S.2d 351, 351-52 (2008) (upholding order directing that sale proceeds be divided equally and holding that “Supreme Court properly determined the equities between the parties” where, “[b]ased upon the trial testimony and documentary evidence, the plaintiff failed to substantiate his entitlement to a greater share of the sale proceeds as reimbursement for mortgage and tax payments he allegedly made on the subject real property, and for expenses he allegedly incurred for improvements to the subject real property”); Frater v. Lavine, 229 A.D.2d 564, 646 N.Y.S.2d 46, 47 (1996) (finding that plaintiff “failed to put forth any evidence, other than conclusory allegations, to substantiate her claim that she is entitled to reimbursement for money she allegedly gave the defendant toward the down payment and purchase of the property”).

In any event, even assuming arguendo that Press paid a greater proportion of the carrying costs than Melnick, the Court finds that it would be inequitable to require Melnick to reimburse Press for these costs. As already discussed, Press and Melnick were involved in a quasi-marital relationship that spanned two decades, and, given the absence of any credible evidence that Press expected to be repaid for his contributions to the property, the Court finds that any payments made by Press toward the property in which they cohabitated were gifts to Melnick. Cf. Rettig v. Holler, No. 126865/02, 1 Misc.3d 904(A), 2003 WL 22976599, at *3 (N.Y.Sup.Ct. Sept. 16, 2003) (noting that “the requisites for a valid gift inter vivos are [i] intent on the part of the donor to give; (ii) delivery of the property given, pursuant to such intent; and (iii) acceptance on the part of the donee”). Furthermore, during the course of their relationship, Press and Melnick made no effort to keep track of who was making which payments, and Press cannot now retroactively claim that he intended to maintain a business-like relationship with Melnick with regard to the property and intended to keep his contributions to the property separate from Melnick’s. In so holding, the Court finds instructive the decision in C.Y. v. H.C. In that case, plaintiff and defendant were a same-sex couple who owned the townhouse that they lived in as tenants in common. 2007 WL 1775506, at *1. As an initial matter, unlike in this case, defendant was able to establish a significant disparity in the parties’ contributions toward the down payment which, the court held, warranted an unequal division of sale proceeds. Id. at *2. However, the court nevertheless found that defendant was “not entitled to a credit for any disparities in payments made by the parties to carry and maintain the townhouse after the couple moved in and before [plaintiff] left.” Id. at *3. In so holding, the court noted explained, inter alia:

In terms of how they lived their lives, they essentially considered themselves married and operated as a couple. They lived together with [defendant’s] two children from a previous relationship and [plaintiff] gave birth to a child before the parties separated. They held themselves out as, and were, in all respects, a family.... During the parties’ relationship, neither party made any attempt to keep track of exactly how much money each was contributing to the running of the household. [Defendant], who admittedly earned more money and therefore contributed more money, took no steps to contemporaneously record who paid which bills and from whose account they were paid. Nor is there any evidence that she kept any contemporaneous records to suggest that the parties contemplated anything other than a 50/50 division.... In fact, [plaintiff] credibly testified that, after they moved into the townhouse, there was no consideration given as to whose money was whose. If [plaintiff] needed more money for household or townhouse expenses, she would ask [defendant] or she might pay the bill herself if she had the funds. Although [defendant] now claims that the parties had an oral agreement that any disparate contributions for the townhouse would be “equalized” in the event of a breakup, the Court does not credit that testimony.

Id. at *3. This Court agrees with the reasoning of the court in C.Y. and finds that a 50/50 division of the property without reimbursement for carrying costs paid during the course of the relationship is appropriate in this case. See also Hufnagel v. Bruns, 152 A.D.2d 459, 542 N.Y.S.2d 652, 654 (1989) (award to respondent for reimbursement of maintenance payments made during time parties cohabitated was unwarranted where “[t]he evidence established] that during the time that appellant and respondent lived together, respondent voluntarily paid all of appellant’s expenses, including those associated with the cooperative loft. Respondent continued to do so even after he had left the apartment until the time he was locked out by appellant. ... There is no evidence that appellant ever agreed or was expected to reimburse respondent for her living and other expenses.”).

However, the Court finds that Melnick is not entitled to a share of the monthly rental income that Press has received from a tenant living in an apartment at 15 Ohio after Melnick vacated the property. Although defendant admitted that he had received $1,000 per month in rental income from this tenant (Tr. 385:16-19), the Court notes that Melnick voluntarily abandoned the property in August 2006 when she decided to end her relationship with Press and has not made any payments toward the property since that time. (Id. 256:3-11.) Press also credibly testified that he used the rental income to pay the taxes on the property since Mel-nick left. (Id. 385:16-22.) Therefore, in light of the use of the rental income to pay taxes on the jointly held property, the Court finds that it would be inequitable to require Press to pay Melnick a portion of the rental proceeds he has received on the property.

Furthermore, as to any payments allegedly made after the end of their relationship, although the Court finds that Press has presented sufficient credible evidence to demonstrate that there were tax obligations for which he received no contribution from Melnick and which were paid using the rental income from the apartment at 15 Ohio, Press has failed to demonstrate through credible evidence whether he incurred any additional expenses- — ■ including mortgage, tax, or other expenditures — for which he would be entitled to reimbursement. In particular, the Court finds that Press is not entitled to reimbursement because he has not submitted sufficient evidence to demonstrate that he made any such mortgage or other payments after the time that Melnick moved out that were in excess of the $1,000 in rental income he has been receiving since April 2008. Cf. Watorzusin, 623 N.Y.S.2d at 257. Instead, the only post-2006 receipts submitted by Press pertained to repairs made to the property in 2007 and 2008. However, the Court finds that Press is not entitled to reimbursement for these expenses beyond the rental income amount because he has failed to demonstrate that all of these repairs — which included replacing the living room floor, renovating the kitchen counter, repairing cracks on the sidewalk, and repairing stucco on the outside of the house (Tr. 349:12-351:23) — were “necessary to protect or preserve the property.” Worthing, 462 N.Y.S.2d at 923. Indeed, many of these renovations appear to be cosmetic repairs or repairs intended to fix minor problems with the property, and the Court finds that Press has failed to provide for some of them “proof of the circumstances and need for the restoration work.” Id. In fact, many of these payments (such as utility payments) may have simply related to his ongoing, personal use of the house, expenses for which Press is not entitled to reimbursement. In any event, with respect to any mortgage payments he continued to make or these other expenditures, Press has failed to demonstrate that the rental income from the tenant living at 15 Ohio was insufficient to cover such payments and expenditures.

Accordingly, having evaluated the equitable considerations in this case and the financial evidence submitted by the parties, the Court finds that Press has failed to rebut the strong presumption that the sale proceeds of 15 Ohio, which Press and Melnick own as joint tenants, should be divided equally between them. Thus, Mel-nick and Press are each entitled to 50% of the proceeds derived from the partition and sale of the property, without reimbursement for any alleged carrying costs, payments, or rental income paid or received by the parties. The Court also rejects Melnick’s contention that Press must satisfy the HELOC on the property out of his share and that she is entitled to her 50% share free of any liens or encumbrances. As discussed in greater detail infra, the home equity line of credit is attached to the entire property at 15 Ohio, and although Melnick did not sign the note for the HELOC — and therefore had neither a right to access the line of credit nor any obligation to re-pay it — the evidence shows that Melnick did sign a mortgage in connection with the HELOC, which gave the bank the right to foreclose on the property should Press default on his repayment obligations. In fact, as a deeded co-owner of the property, Melnick not only was aware that Press was taking out a HELOC on the property, but also had to approve the attachment of the HELOC to the property. Moreover, the Court finds that the funds from the HELOC were used to pay for expenses at the 15 Ohio property and other day-to-day expenses during Press and Melnick’s quasi-marital relationship, and Melnick therefore benefitted directly from these funds and knew such funds were being used for those purposes. Under these circumstances, the Court finds that it would be equitable for any remaining balance on the HELOC to be repaid equally from Melnick’s and Press’s shares of the sale proceeds from 15 Ohio.

Finally, the Court rejects Mel-nick’s argument that she was ousted from the property by Press and is entitled to rental income from Press for his exclusive occupancy of 15 Ohio since August 2006. As a general matter, upon the ouster of one co-tenant from the property by the other cotenant, the remaining tenant becomes liable for all charges assessed against the property and owes the ousted co-tenant one-half of the reasonable rental value of the property. See C.Y., 2007 WL 1775506, at *5; Hufnagel, 542 N.Y.S.2d at 654. Here, Melnick alleges that Press’s abusive and threatening behavior toward her caused her to be ousted from the 15 Ohio property. However, the Court rejects this argument and finds that plaintiff left 15 Ohio voluntarily and of her own volition and was not ousted or constructively evicted because of Press’s allegedly abusive behavior. Specifically, although the Court credits Melnick’s testimony that Press’s personality had changed in the final years of their relationship due, in large part, to Press’s use of pain medication, the Court did not find credible the testimony presented regarding Press’s abuse of Mel-nick and finds, instead, that even if Press had become “nasty” and “erratic,” his behavior and Melnick’s resulting decision to leave him did not constitute an ouster.

As an initial matter, much of the testimony regarding Press’s abuse was largely conclusory, and when witnesses were asked to corroborate their allegations with specific examples, they either were unable to do so, or provided examples of minor fights that did not involve any threatening behavior toward Melnick. For example, Eric Schwimmer recounted one incident wherein Press broke a door trying to get into the lower apartment at 15 Ohio because “he needed to get water because he kept his water bottles in the refrigerator downstairs in the basement.” (Tr. 195:7-22.) Even assuming that this incident occurred as described, there is no evidence that Press directed this alleged anger toward Melnick.

Likewise, Gail Denker (“Denker”), a friend of Melnick’s, was able to describe only one incident when she saw Press become “very agitated” at Melnick. (Id. 154:15-16.) Specifically, Denker testified that, in the fall of 2005, when Press was at the Delray Beach property supervising repairs to the home after Hurricane Wilma, Press became angered at Melnick when Melnick arrived unannounced at the house in Florida. (Id. 153:20-154:17.) Denker described that, when Press saw Melnick, he became very upset and began screaming words to the effect of “What the F are you doing here? You didn’t have to come here. You could have stayed home. I don’t need you here.” (Id. 154:22-155:1.) Notably, however, Denker — a self-admitted “very nervous type of a person” (Id. 156:10) — did not call the police because, in her words, “I didn’t feel that I had to call ... [T]hey were just — you know, he was just yelling and all.” (Id. 155:9-11.) Additionally, Melnick told Denker shortly after the incident that “everything’s fine” and that “everything [had] quieted down.” (Id. 156:5-8.) In fact, based on Denker’s testimony, it appears that Denker was more upset about the incident than Mel-nick was at that time. (Id. 156:1-12 (“[S]he said, don’t worry. I’ll be okay.... I, like, drove slow waiting to see if she’ll call and then I called her back and she said everything’s fíne, you know, everything quieted down. You know, she didn’t want me, I guess, to get involved because I’m a very nervous type of a person. So I was very upset over it because I never seen anything like this.”).) Thus, even if Press did become angry as described by Denker, the Court finds that the incident, when considered in light of the totality of the evidence, certainly does not rise to the level of abusive behavior that could result in an ouster.

Furthermore, although Harriet Kovel testified that Press “tortured” Melnick and Melnick was “terrified” of him (id. 167:3-5; 168:1-3), she was unable to provide any details as to why she had come to this conclusion, other than to testify that Press’s behavior was “erratic” (id. 169:20) and that Melnick had come to Kovel’s house on several occasions to spend the night. (Id. 167:7-8.) With regard to one night when Kovel found Melnick sleeping on Kovel’s front porch, Kovel only stated that Melnick was “afraid to go home,” but provided no additional explanation as to why Melnick had left her house that eve