Legal Opinion
Johnson v. Johnson
Appellate Division of the Supreme Court of the State of New York
Decided October 10, 2012PublishedCited by 4 opinions
1Opinion of the Court
The Supreme Court properly determined that the defendant was entitled to an equitable share of the appreciation in the *766value of the marital residence over the course of the marriage. The defendant was entitled to a portion of the appreciation of the residence, notwithstanding that it was the plaintiffs separate property. The increase in the value of separate property remains separate property “except to the extent that such appreciation is due in part to the contributions or efforts of the other spouse” (Domestic Relations Law § 236 [B] [1] [d] [3]; see Price v Price, 69 NY2d 8 [1986]). At…
2Cases cited13 opinions
- Price v. PriceNew York Court of Appeals · 1986
- Rainbow v. SwisherNew York Court of Appeals · 1988
- De Gaust v. De GaustAppellate Division of the Supreme Court of the State of New York · 1997
- Mesholam v. MesholamNew York Court of Appeals · 2008
- Von Buren v. Von BurenAppellate Division of the Supreme Court of the State of New York · 1998
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3Cited by4 opinions
- Halley-Boyce v. BoyceAppellate Division of the Supreme Court of the State of New York · 2013
- Aebly v. LallyAppellate Division of the Supreme Court of the State of New York · 2013
- Aebly v. LallyAppellate Division of the Supreme Court of the State of New York · 2013
- Halley-Boyce v. BoyceAppellate Division of the Supreme Court of the State of New York · 2013