For Your Data Kurpiel V. Kurpiel Instance Brief

Kurpiel v. Kurpiel case brief summary
271 N.Y.S.2d 114 (1966)

CASE SYNOPSIS

Plaintiff husband, a articulation tenant, sought a partitioning of existent belongings against defendants, married adult woman as well as son.

CASE FACTS
The married adult man conveyed a package of existent estate, which he had simply owned, to himself, his wife, as well as their boy "jointly as well as non every bit tenants inwards common." Sometime thereafter, the parties had a falling out as well as the married adult woman obtained an guild from the household unit of measurement courtroom that ordered the married adult man to remain away from the married adult woman as well as the property. The married adult man filed an activity to partitioning the property. The parties filed cross-motions for judgment.

DISCUSSION

• The courtroom granted the husband's motion. 
• The courtroom held that the household unit of measurement courtroom guild did non attain upwards one's heed the query of ownership of the belongings because that courtroom did non accept jurisdiction to attain upwards one's heed the issue. 
• The courtroom likewise held that the linguistic communication of the deed clearly showed that the parties held the belongings every bit articulation tenants, which could move champaign of written report to partition.

CONCLUSION
The courtroom granted the motion of the married adult man for partitioning of the parties' existent property.


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