DALY v. DALY


179 N.J. Super. 344 (1981)

432 A.2d 113

RUTH M. DALY, PLAINTIFF-RESPONDENT, v. ALLAN A. DALY, DEFENDANT-APPELLANT.

Superior Court of New Jersey, Appellate Division.

Decided June 4, 1981.


Attorney(s) appearing for the Case

Lucid, Jabbour & Pinto, attorneys for appellant (Harry J. Pinto, Jr. of counsel; R. Jerome Jabbour on the brief).

Farrell, Curtis, Carlin & Davidson, attorneys for respondent (Edward J. Farrell on the brief).

Before Judges BOTTER, KING and McELROY.


The opinion of the court was delivered by KING, J.A.D.

This appeal raises an interesting point on the mechanics of equitable distribution of the marital home where the ex-wife remains in possession pending the raising of the children, her remarriage or some other event, but the ex-husband receives a present share of the asset. The ex-husband defendant appeals, complaining that securing his 50% or $41,000 interest in the asset by a second mortgage with payments of...

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