(DOWNLOAD) "Jacklynn N. Price v. Harold Price" by Court of Appeals of New York " Book PDF Kindle ePub Free
eBook details
- Title: Jacklynn N. Price v. Harold Price
- Author : Court of Appeals of New York
- Release Date : January 19, 1986
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
[69 N.Y.2d 8 Page 11] Opinion OF THE COURT We hold that under the Equitable Distribution Law an increase in the value of separate property of one spouse, occurring during the marriage and prior to the commencement of matrimonial proceedings, which is due in part to the indirect contributions or efforts of the other spouse as homemaker and parent, should be considered marital property (Domestic Relations Law § 236 [B] [1] [d] [3]). Under the statute there are two categories of property: marital property which is subject to equitable distribution and separate property which is not (Domestic Relations Law § 236 [B] [1] [c], [d]). Marital property is broadly defined as all property acquired by either or both spouses during the marriage (Domestic Relations Law § 236 [B] [1] [c]). Separate property, which is specifically described as an exception to marital property, includes property acquired before marriage or property acquired by bequest, devise, or descent, or gift from a party other than the spouse (Domestic Relations Law § 236 [B] [1] [d] [1]). Separate property also includes property acquired in exchange for or the increase in value of separate property, except to the extent that such appreciation is due in part to the contributions or efforts of the other spouse (Domestic Relations Law § 236 [B] [1] [d] [3]; emphasis supplied).