Goldstein v. Goldstein

The majority holds that a pending action in equity to partition property owned by husband and wife as tenants by the entireties is not superseded or preempted by a subsequent action in divorce brought by one of the spouses and containing a request for equitable distribution of marital property. For reasons hereinafter appearing, I agree with the majority’s holding. However, I disagree with the majority’s further conclusion that after entireties property has been partitioned between the spouses, it loses its status as “marital property” and is no longer subject to equitable distribution under…