marital property used to make downpayment on apartment acquired post-commencement; although apartment itself was not marital property, "since 24% of the market value of the apartment is traceable to marital property, a similar portion of the apartment's value . . . should be considered marital property"
How later courts described this case
- marital property used to make downpayment on apartment acquired post-commencement; although apartment itself was not marital property, "since 24% of the market value of the apartment is traceable to marital property, a similar portion of the apartment's value . . . should be considered marital property"
Written by the judges who cited it.
The opinion
Rubin, Sullivan and Harwood, JJ., concur.
Ordered that the judgment is modified, on the law and the facts, by (1) deleting from the fifth decretal paragraph thereof the words "twenty (20%) percent” and "eighty (80%) percent”, and substituting therefor the words "fifty (50%) percent” and "fifty (50%) percent”, and (2) deleting from the seventh decretal paragraph thereof the words "four hundred thousand ($400,000.00) dollars” and "fifty thousand ($50,000.00) dollars”, and substituting therefor the words "two hundred forty thousand ($240,000) dollars” and "thirty thousand ($30,000) dollars”, respectively; as so modified, the judgment is affirmed insofar as appealed from, without costs or disbursements; and it is further,
Ordered that the order is affirmed, without costs or disbursements.