Legal Opinion
Wobser v. Wobser
Appellate Division of the Supreme Court of the State of New York
Decided December 17, 1982No. Appeal No. 1PublishedCited by 5 opinions
1Opinion of the Court
— Judgment unanimously modified, on the law and facts, and, as modified, affirmed, without costs, in accordance with the following memorandum: The judgment of divorce is modified by deleting the fifth decretal paragraph which grants the wife exclusive possession of the marital residence, *827and by substituting therefor a direction that it be sold, and the net proceeds equally divided (Sharer v Sharer, 60 AD2d 780). Unless some unusual circumstances exist, the sale of the marital home should be ordered at the time of the making of the judgment. Only where one spouse has demonstrated an overriding…
2Cases cited6 opinions
- Ripp v. RippAppellate Division of the Supreme Court of the State of New York · 1971
- Ripp v. RippNew York Court of Appeals · 1973
- Wurm v. WurmAppellate Division of the Supreme Court of the State of New York · 1982
- Weseley v. WeseleyAppellate Division of the Supreme Court of the State of New York · 1977
- Sharer v. SharerAppellate Division of the Supreme Court of the State of New York · 1977
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3Cited by5 opinions
- Brundage v. BrundageAppellate Division of the Supreme Court of the State of New York · 1984
- Tanner v. TannerAppellate Division of the Supreme Court of the State of New York · 1985
- Church v. ChurchAppellate Division of the Supreme Court of the State of New York · 1991
- Wojtowicz v. WojtowiczAppellate Division of the Supreme Court of the State of New York · 1991
- Knapp v. KnappAppellate Division of the Supreme Court of the State of New York · 1984