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Decisions of Interest

BY ALM Staff
October 02, 2014

Husband Estopped from Claiming Marital Assets Need Distribution

A man who signed a sworn affidavit to the effect that he was indigent has been estopped from claiming his divorce should not be finalized because issues of equitable distribution have not yet been settled. J.F. v. A.F., N.Y.L.J. Aug. 18, 2014, Pg. p.17, col.3 Vol. 252 No. 33.

In a divorce action, the wife moved for summary judgment on her application for divorce based on irreconcilable differences in accordance with Domestic Relations Law (DRL) ' 170(7). The husband was serving a four-to-12-year prison sentence at the time of the divorce proceedings. In conjunction with his criminal case, the husband had previously sworn in an affidavit accompanying his application for poor person status that he had “no savings, property, assets or income,” save for his marital home, which was in foreclosure. The court in the divorce action found that, having made this sworn statement asserting that he had no assets, the husband was estopped from requesting that the divorce be held up pending resolution of equitable distribution issues.

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