Rochelle v. Rochelle

In an action for a divorce and ancillary relief, the defendant appeals from so much of an order of the Supreme Court, Kings County (Eras, J.), dated December 8, 2006, as granted the plaintiffs motion for summary judgment determining that the marital residence is her separate property.

Ordered that the order is reversed insofar as appealed from, on the law, with costs, and the plaintiffs motion for summary judgment determining that the marital residence is her separate property is denied.

The parties were married in 1970 and purchased a residence in 1977. In 2004 the defendant executed a…