Legal Question in Family Law in New York

My spouse and I are going through a divorce. I deposited separate property monies into a joint account with him for a few weeks before we closed on our marital residence.
At trial he has advanced dual arguments: that these monies were transmuted and a marital gift. I am very familiar with transmutation, but cannot find any clear Appellate case law on whether the analysis for overcoming marital gift differs from that of transmutation.
So my question is: how is the analysis for marital gift different than that of transmutation?

Asked on 9/18/12, 11:30 am

Anne Peyton Bryant Bryant & Bleier LLP

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These are every complicated issues you are trying to deal with on your own. You may want to consult with an attorney.

Anne Peyton Bryant, Esq.

305 Broadway, Suite 14

New York , New York

www.matrimoniallawnewyork.com

Office: 646.421.6505

Cell: 917.747.8543

Fax: 646.274.0205

Answered on 2/10/13, 6:35 pm

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