Mullen v. Wishner

2 Citing cases

  1. Rosenstock v. Rosenstock

    50 N.Y.S.3d 28 (N.Y. Sup. Ct. 2016)

    Once this presumption is "triggered," the burden shifts to the spouse seeking the property to be deemed separate, to rebut the presumption (Id ). The reason for this is to affirm the legislative intent to foster and effectuate the concept that marriage is an economic partnership (Sclafani v. Sclafani, 178 AD3d 830 [1991] ). Testimony alone that premarital or separate property funds were used to obtain an asset that was acquired during the parties' marriage "is insufficient to overcome the presumption that the property is marital property" (Marshall v. Marshall, 91 A.D.3d 610 [2012] ).

  2. Rosenstock v. Rosentock

    2016 N.Y. Slip Op. 51716 (N.Y. Sup. Ct. 2016)

    Once this presumption is "triggered," the burden shifts to the spouse seeking the property to be deemed separate, to rebut the presumption (Id). The reason for this is to affirm the legislative intent to foster and effectuate the concept that marriage is an economic partnership (Sclafani v Sclafani, 178 AD3d 830 [1991]). Testimony alone that premarital or separate property funds were used to obtain an asset that was acquired during the parties' marriage "is insufficient to overcome the presumption that the property is marital property" (Marshall v Marshall, 91 AD3d 610 [2012]).