Wife’s Appeal on Separate vs Marital Property Upheld

Prior results do not guarantee a similar outcome.

The firm was successful in representing a Wife on an appeal in the Third Department of the Appellate Division, stemming from an Ulster County Supreme Court's decision in a matrimonial action. In its decision, the Supreme Court deemed two pieces of the Wife's real estate as marital property subject to equitable distribution, directed that the properties be sold, and awarded to the Husband 50% of the proceeds. On appeal, the Appellate Division for the Third Department determined that the Wife's two pieces of real estate were in fact her separate property and were not subject to equitable distribution, so the properties did not need to be sold nor did the husband be allowed any proceeds from same.