Legal Opinion

Novak v. Novak

New York Supreme Court

Decided June 4, 1987PublishedCited by 5 opinions

1Opinion of the Court

OPINION OF THE COURT

James D. Benson, J.

In these actions for equitable distribution divorce and for *910partition of the marital residence, counsel submitted memoranda at the direction of the court on the question whether the real property belonging to the parties may be the subject matter of an action for partition and an item to be distributed equitably under Domestic Relations Law § 236 (B).

It appears at the threshold that the parties hold the marital residence as joint tenants. The plaintiff conveyed his title to himself and Kimberly Mulaney Novak, "as husband and wife” about 10 days before…

2Cases cited5 opinions

  1. Hiles v. . FisherNew York Court of Appeals · 1895
  2. Ripp v. RippAppellate Division of the Supreme Court of the State of New York · 1971
  3. Anello v. AnelloAppellate Division of the Supreme Court of the State of New York · 1964
  4. Gasko v. Del VenturaAppellate Division of the Supreme Court of the State of New York · 1983
  5. Ryan v. FitzsimmonsAppellate Division of the Supreme Court of the State of New York · 1977

3Cited by5 opinions

  1. Quattrone v. QuattroneAppellate Division of the Supreme Court of the State of New York · 1994
  2. Brownell v. BrownellNew York Supreme Court · 1996
  3. Furnace v. CominsAppellate Division of the Supreme Court of the State of New York · 1999
  4. Lampasona v. LampasonaNew York Supreme Court · 1990
  5. L.L. v. B.H.New York Supreme Court · 2011

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