Divorce: New York

Divorce: New York

Tag Archives: Transfer

Husband Denied Millions in Separate Property Credits Because of the Definition of “The”

Posted in Agreements and Stipulations, Equitable Distribution
It depended on what the definition of “the” was. In Babbio v. Babbio, the Appellate Division, First Department, on July 17, 2014 defined “the” and otherwise interpreted a prenuptial agreement in ways that cost a husband millions of dollars of separate property credits he sought in his divorce action. Under the parties’ agreement, marital property, generally, was … Continue Reading

The Second Department Rules on Child Support Parental Income Cap, Transfer of the Marital Residence, and Judgment Formalities

Posted in Child Support (C.S.S.A.), Equitable Distribution, Forms, Judgments and Orders, Statutes
In a May 8, 2013 decision in Mejia v. Mejia, the Appellate Division, Second Department, modified a divorce judgment’s provisions concerning the cap on combined parental income, the disposition of the marital residence, college expenses for three children ages 14, 10 and 6, and judgment inconsistencies with the underlying decision and judgment  formalities. After the … Continue Reading

Husband Gets No Separate Property Credit in Divorce for Pre-marital Home Deeded to Himself and His Wife Jointly

Posted in Equitable Distribution
In its December 13, 2012 decision in Murrary v. Murray, the Appellate Division, Third Department, affirmed the determination to deny a husband an equitable distribution credit for the value of a home which he owned before the marriage and which, after the marriage, he deeded to himself and his wife jointly. The parties were married in 1986 … Continue Reading