Opinion
No. 4453.
March 8, 2011.
Judgment, Supreme Court, New York County (Matthew F Cooper, J.), entered December 11, 2009, awarding plaintiff a divorce and distributing the marital assets, and bringing up for review an order of the same court (Harold B. Beeler, J.), entered on or about December 29, 2008, which, insofar as appealed from as limited by the briefs, confirmed a referee's report which, among other things, (1) found that the two-family house purchased during the marriage was part of the marital assets; (2) barred the admission of a separation agreement; (3) failed to address charges of bigamy and cruel and inhuman treatment by plaintiff husband; (4) failed to determine whether defendant wife had properly received service of the summons and complaint, unanimously affirmed, without costs.
Shiqing Yue, Flushing, for appellant.
Law Offices of Wendy Tso, P.C., New York (Wendy Tso of counsel), for respondent.
Before: Tom, J.P., Sweeny, Renwick, Freedman and Manzanet-Daniels, JJ.
The wife failed to rebut the presumption that all property acquired by either spouse during the marriage is marital property ( see DeJesus v DeJesus, 90 NY2d 643, 648; see also Domestic Relations Law § 236 [B] [5] [d] [7]). As a result, the referee properly found that the parties should equally divide the proceeds of the house sale ( see Smith v Smith, 8 AD3d 728; see also McManus v McManus, 298 AD2d 189; Fields v Fields, 15 NY3d 158, 165-166, affg 65 AD3d 297).
We find no basis to disturb the referee's credibility determinations, and thus, find no basis to disturb the referee's finding on fault ( see Hale v Hale, 16 AD3d 231, 233).
We have considered the wife's remaining contentions and find that they are either unpreserved or without merit.