Legal Opinion
Davidman v. Davidman
Appellate Division of the Supreme Court of the State of New York
Decided July 11, 2012PublishedCited by 4 opinions
1Opinion of the Court
*628The defendant acquired the marital residence prior to the parties’ marriage, using the proceeds of a settlement from a personal injury action. The deed and mortgage were placed and kept solely in his name. Consequently, the marital residence is separate property (see Domestic Relations Law § 236 [B] [1] [d] [1]; London v London, 21 AD3d 602, 603 [2005]; Burgio v Burgio, 278 AD2d 767, 768-769 [2000]). The appreciation of, or increase in the value of, separate property is considered separate property, “except to the extent that such appreciation is due in part to the contributions or efforts of…
2Cases cited10 opinions
- Lenigan v. LeniganAppellate Division of the Supreme Court of the State of New York · 1990
- Burgio v. BurgioAppellate Division of the Supreme Court of the State of New York · 2000
- Mesholam v. MesholamNew York Court of Appeals · 2008
- Mosso v. MossoAppellate Division of the Supreme Court of the State of New York · 2011
- Alessi v. AlessiAppellate Division of the Supreme Court of the State of New York · 2001
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3Cited by4 opinions
- Patete v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2013
- H.T. v. A.E.New York Supreme Court · 2017
- Patete v. RodriguezAppellate Division of the Supreme Court of the State of New York · 2013
- People v. CarterJustice Court of Town of Ossining · 2014