MCDONALD v. DRISCOLL


103 Misc.2d 567 (1980)

In the Matter of Marion McDonald, Petitioner, v. Thomas F. Driscoll, Respondent.

Family Court, Onondaga County.

February 29, 1980.


Attorney(s) appearing for the Case

James P. McGinty for petitioner. George S. Howlett for respondent.


EDWARD J. McLAUGHLIN, J.

When two persons enter into a land contract as tenants by the entirety, then, as the result of a divorce, one of the tenants is granted exclusive possession of the marital residence named in the land contract, that spouse, as a tenant in common, is entitled to the benefit of the contract. Both spouses have rights on the contract which cannot be extinguished by one or the other of them...

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