In a decision after trial, Queens Supreme Court Justice Pam Jackman Brown decided that the best way to end the dispute over marital home was to sell it. “This property must be sold” decreed Justice Brown in her decision handed down after three (3) days of trial.
The husband and wife in this divorce action had a child together. The parties, both Woodside, Queens residents, bought a two (2) bedroom co-op shortly after they married. During the pendency of their divorce, the Defendant husband moved out of the marital home and remained living separately.
The co-op which is located in Queens will be appraised by a mutually agreed to appraiser and plaintiff will receive fifty percent (50%) credit “only on the principal paid down on the mortgage after the date Defendant vacated the marital residence.” In addition to his 50% share, the husband also will receive an additional $15,000.00 credit for the separate funds he had used toward the down payment.
The Court separately found that the wife had engaged in unduly dilatory tactics throughout the divorce proceedings for which she had been admonished previously. The wife also failed to comply with discovery demands and failed to put into evidence any financial information regarding her income, her credit card statements, her IRA account and her bank statements. The Court also found that wife made unauthorized transfers from the husband’s investment account into her own personal bank accounts. On two separate occasions, the wife transferred $7,750.00 in total. All in all, the wife withdrew the sum of approximately $31,634.69. The money will be returned to the husband from the sale proceeds of the co-op.
This case highlights the perils of non-disclosure of financial information during divorce proceedings.
The husband was successfully represented by Faruk Usar, Esq. of Usar Law Group, P.C.