Opinion
May 14, 1990
Appeal from the Supreme Court, Westchester County (Kaiser, J.H.O.).
Ordered that the order is affirmed, with costs.
We find unpersuasive the plaintiff's contention that he is entitled to an equitable distribution of the appreciation in the value of the marital residence. It is undisputed that the residence itself is the separate property of the defendant wife. Domestic Relations Law § 236 (B) (1) (d) (3) defines "separate property" in relevant part as "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." Hence, in order to obtain equitable distribution of the appreciation in value of the marital residence, the plaintiff was required to demonstrate the manner in which his contributions resulted in the increase in value and the amount of the increase which was attributable to his efforts. The plaintiff failed to sustain this burden, and the testimony of the defendant, a real estate professional, indicated that the appreciation in the value of the property simply reflected a "general upturn in the real estate market" (Lisetza v. Lisetza, 135 A.D.2d 20, 24). Accordingly, the plaintiff failed to establish that the appreciation in value of the residence constituted marital property subject to equitable distribution, and we discern no basis for disturbing the Judicial Hearing Officer's determination that the increase in value was attributable to market forces (see, Mahlab v. Mahlab, 143 A.D.2d 116; Lisetza v. Lisetza, supra; Romano v. Romano, 133 A.D.2d 680; Barnes v. Barnes, 106 A.D.2d 535). Sullivan, J.P., Harwood, Balletta and Miller, JJ., concur.