For Your Data O’Brien V. O’Brien Illustration Brief
February 04, 2002
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O’Brien v. O’Brien case brief summary
489 N.E.2d 712 (N.Y. 1985)
CASE FACTS
Plaintiff together with accused divorced afterwards beingness married over nine years, during which fourth dimension plaintiff attended medical schoolhouse together with received a license to practise medicine, which was the exclusively asset the parties had at fourth dimension of the filing of their divorce. Defendant worked piece plaintiff took full-time medical schoolhouse classes; defendant's salary contributed to the couple's expenses during this time.
DISCUSSION
The courtroom held that according to the Equitable Distribution Law,N.Y. Dom. Rel. Law § 236(B)(c), (d), at that topographic point were exclusively 2 types of property, marital together with separate, together with the courtroom held that the medical license was a valuable holding correct together with business office of the marital estate.
CONCLUSION
The determination that a medical license was non a marital asset was reversed because the statute stated that marital assets were either split upward or marital assets together with a license to practise medicine acquired during the matrimony was an asset every bit considered yesteryear the statute.
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489 N.E.2d 712 (N.Y. 1985)
CASE SYNOPSIS
Defendant appealed the determination of the Appellate Division of the Supreme Court inward the Second Judicial Department (New York), which reversed the trial court's holding that plaintiff's license to practise medicine was a marital asset inward a divorce case.CASE FACTS
Plaintiff together with accused divorced afterwards beingness married over nine years, during which fourth dimension plaintiff attended medical schoolhouse together with received a license to practise medicine, which was the exclusively asset the parties had at fourth dimension of the filing of their divorce. Defendant worked piece plaintiff took full-time medical schoolhouse classes; defendant's salary contributed to the couple's expenses during this time.
DISCUSSION
The courtroom held that according to the Equitable Distribution Law,N.Y. Dom. Rel. Law § 236(B)(c), (d), at that topographic point were exclusively 2 types of property, marital together with separate, together with the courtroom held that the medical license was a valuable holding correct together with business office of the marital estate.
CONCLUSION
The determination that a medical license was non a marital asset was reversed because the statute stated that marital assets were either split upward or marital assets together with a license to practise medicine acquired during the matrimony was an asset every bit considered yesteryear the statute.
Recommended Supplements together with Study Aids for Property Law