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Divorce Lawyers New York - Case Law Summaries 1

Joint Bank Account
Wife’s non-marital funds, acquired by inheritance but deposited into a joint bank account by husband, and the interest on the funds, put into a marital account for expenses before the separation, were marital property.  In re Orlando

Potential
      Potential inheritances, just as expected degrees or licenses, are not property which can be valued and awarded to a spouse, although they can be given some consideration in determining property distribution.  In re Eddy

Proceeds
      Where the major part of the sum enjoined was the proceeds from the sale of defendant’s home, the appropriate disposition of the money enjoined was an issue to be determined by the court in the dissolution proceedings, and court’s injunction against returning the money to defendant was properly issued to preserve the disputed property pendente lite.  People v. Dorsey

Upheld
      Wife in a divorce action was properly granted an injunction preventing husband from disposing of his assets where he faced large expenses with respect to defending the divorce action and pending criminal charges and such dissipation would have been to the children’s detriment because husband would no longer be able to contribute to their support.  In re Stamberg

Interest
      It was error to award the appellee a money judgment bearing interest at the statutory rate as a means of equalizing the property division and awarding judgment interest payable to the appellee by the appellant during the children’s minority; no basis in statute or case law existed for such an award of interest.  In re Fairchild


 

 

Conveyance Voided
      Husband’s conveyance of land to joint tenancy was void where the wife admitted that she went to her mother’s home town within several days after the deed was returned from the recorder, and there was evidence that within a month following she entered into an adulterous relationship.  Sullivan v. Sullivan

Intent to Create
      When, knowing the meaning of joint tenancy, appellant took deed to real estate held in joint name with appellee and continued to purchase securities in their joint names without placing a restricted meaning on the term, she could not say she did not intend to create a joint tenancy.  Walker v. Walker

 

 

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