Colucci v. Colucci

FUENTES, J.S.C.

In this case, the judgment of divorce provided, among other things, for sale of the marital premises upon the wife’s remarriage, with the net proceeds being divided equally between husband and wife. Sometime after the divorce, the husband conveyed his interest in the property to his wife in partial satisfaction of a bankruptcy obligation. Thereafter the wife remarried.

The novel issue raised by the wife’s remarriage is whether the husband may now compel the sale of the marital premises pursuant to the divorce judgment and share in the proceeds of the sale even though he has…