A New York divorcing woman petitioned the courts to gain full possession of property she shared with her husband, as reported by the New York Law Journal in an October 24th, 2011 article.
The divorcing couple previously entered into a separation agreement, agreeing that any marital property held by both parties would be sold and profits split evenly.
Before the divorce was finalized and all of the property could be sold the divorcing husband died. After his death the divorcing wife petitioned the court requesting that she become the sole owner of the remaining marital property. She stated in her argument that she only signed the agreement under a duress situation thus revoking her signature. The courts rejected her argument on the grounds that she did not provide enough convincing and supportive evidence to show that she was under duress.
The courts did, however, grant the woman’s petition citing New York property rules, the property was viewed as ‘property held as tenants by the entirety.’ Since divorce had not been finalized upon the husband’s death all property rights transferred to the wife.
If you have any legal questions regarding a family law issue, then please contact the office of Jayson Lutzky, P.C. for a free initial consultation. You can also visit our website at https://mynewyorkcitylawyer.com/ or please feel free to call 1-800-660-LAWYER or 1-800-660-5299