A divorcing New York couple are living with their house divided into two by a wall after an appeals court denied the wife exclusive use of the home.

Both Simon and Chana Taub have refused to voluntarily give up the Brooklyn residence they have shared for 18 years. In an attempt to resolve the impasse, a family court judge in August 2005 ordered Simon to build a wall separating the home in two, with each spouse confined to their respective portions.

The New York Appellate Division recently affirmed the order, saying the “War of the Roses” arrangement “while novel, was within the [trial] court's discretion.”

Chana temporarily forced Simon out of the house after reporting to police that he had beaten her. But the appeals court said she had failed to meet “her burden of establishing that the removal of the husband from the marital residence was necessary to protect her safety.”

“The wife's only allegations of actual violence were incredible, and the alleged threats made by the husband were uncorroborated,” the opinion added.

The wall, which cost Simon $500, has been up since December. Anyone who supports the idea of the wall "should each have their worst enemy living with them under the same roof," Chana told the Los Angeles Times. "I can't sleep at night."

By Matthew Heller
2/11/07