In an action for the partition of real property owned by an ex-wife, her ex-husband and his parents, the Court granted the defendants’ motion to confirm the report of the Referee that recommended that the ex-husband’s parents (“the in-laws”) receive
The blog published by Neil Cahn, PLLC focuses on legal issues related to divorce in New York, including equitable distribution of marital property, partition actions involving real estate, and financial disputes arising from divorce proceedings. It covers court decisions on topics such as the treatment of premarital pension credits purchased with marital funds, the impact of wasteful dissipation of marital assets, and the authority of courts to order sales of marital residences during divorce. The blog also discusses procedural doctrines like res judicata in the context of divorce-related financial claims. It provides analysis of case law affecting property rights, loans, and asset valuation in matrimonial actions.
In the April 15th decision in FR v. AR, Nassau County Supreme Court Justice Edmund M. Dane ordered the pendente lite sale of the marital residence titled in the husband’s name after foreclosure proceedings had been commenced. The Court…
In its April 10th decision in Angello v. Angello, the Third Department upheld the trial determination that a wife’s refusal to approve a mid-action sale of the husband’s insolvent business constituted a wasteful dissipation of the largest marital asset.…
In its October 22, 2024, decision in Szypula v. Szypula, the Court of Appeals held that if marital funds are used to purchase premarital pension service credits, those premarital credits are marital property. But …
Mr. Szypula joined the…
Under the parties’ divorce settlement agreement, the parents were not obligated to share their daughter’s sorority costs whether those costs were viewed as a college expenses or as extracurricular expenses. So held Nassau County Family Court Support Magistrate Sondra M.
In his June 13th decision in E.J. v. M.J., Nassau County Supreme Court Justice Edmund M. Dane resolved the complex financial issues arising when a divorce action is commenced after a child begins attending a private university, but before…
In its decision this month in Vaysburd v. Vaysburd, the Appellate Division Second Department reminded us that once a parenting stipulation or order is entered, child support will not be affected until the stipulation or order is modified. This…