DUTCHER v. SHAVER


40 A.D.3d 1192 (2007)

835 N.Y.S.2d 763

JEANNE C. DUTCHER, Also Known as JEANNE C. SHAVER, Appellant, v. KEVIN S. SHAVER, Respondent.

Appellate Division of the Supreme Court of the State of New York, Third Department.

Decided May 3, 2007.


Rose, J.

In this divorce action, defendant asserted a counterclaim seeking the imposition of a constructive trust upon certain real property which had been owned by his family for generations and which his father and grandfather had conveyed to the parties jointly after their marriage. Citing a provision in the parties' prenuptial agreement which provided that, upon divorce, all jointly held property would be divided equally, plaintiff moved for, among other things...

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