Johnson v. Johnson

BRODY, J.,

In this case the court must address an issue that can be expected to arise frequently in litigation under the Divorce Code of 1980: the proper treatment of the distribution upon divorce of a marital residence purchased partially by the pre-marital funds of one spouse, and titled in the joint names of husband and wife.

In the divorce action before this court, both parties petitioned the court to determine the distribution of a jointly-owned marital residence. Located in Ithaca, New York, the house was purchased partially by funds brought into the marriage by one spouse. By…