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Decision of Interest

BY ALM Staff
April 02, 2014

Wife May Have Equitable Interest in Husband's Separately Owned Home,

A man who allegedly rammed his truck into his and his wife's marital home could not avoid prosecution for criminal mischief simply because the home was his before marriage and is titled in his name alone. The People v. Carter, 13080230, NYLJ 1202642059975, at *1 (Just., WE, Decided Jan. 31, 2014).

The married couple were in their house arguing one evening when the husband left through the front door. The wife said that she locked the door and went upstairs. According to her deposition, “Moments later I heard two loud bangs downstairs. I then heard [Defendant's] diesel truck in front of the house along with his brother's truck. When I went downstairs I noticed [Defendant's] truck pull away. I then went into the kitchen to pour myself a cup of coffee and noticed that the back kitchen door wasn't completely shut. So I went to close it and noticed that the door's frame was completely separated and broken. I noticed that the door no longer closed and was unable to be secured.”

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