Can You Claim Property Partition After a Divorce Settlement? NY Court Says No
This week we wanted to bring to your attention an interesting decision rendered in the Appellate Division, 2nd Department which affirmed a lower Court’s Order dismissing a Plaintiff’s claim for partition and sale of marital property where a prior Judgment of Divorce, among other relief, had effectively resolved all claims for equitable distribution and property distribution between the parties.
The relevant fact of, as well as a link to, the case are set forth below.
The Plaintiff and Defendant were married in 1974 and had purchased a marital residence, as husband and wife, prior to Plaintiff commencing and action for divorce in May of 2013. During the course of the divorce proceeding, the parties entered into a stipulation of settlement (the “Stipulation”) wherein the “plaintiff swore under oath that all ancillary issue were resolved” with the Defendant agreeing to pay Plaintiff a lump sum payment as a “non-taxable property settlement as a distributive award of equitable distribution.” Notwithstanding the executed Stipulation, the Defendant commenced an action for partition and sale of the marital property in 2018. In rejecting the Plaintiff’s cause of action for partition and sale of the property, both the lower Court and Appellate Court held that the Stipulation executed by the Defendant served to resolve “all issues of equitable distribution, [which included] the plaintiff's asserted claim to 50% of the value of the property” and therefore, the Plaintiff was not entitled to the remedy afforded by a partition cause of action. The Plaintiff’s other claim for breach of contract was also deemed to be without merit based on the executed Stipulation.
To view this case click the link below:
https://www.nycourts.gov/reporter/3dseries/2023/2023_00841.htm
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