TUNG AUYEUNG v. YINYIN MUI

4453, 300293/04.

82 A.D.3d 477 (2011)

918 N.Y.S.2d 412

TUNG AUYEUNG, Respondent, v. YINYIN MUI, Appellant.

Appellate Division of the Supreme Court of New York, First Department.

Decided March 8, 2011.


The wife failed to rebut the presumption that all property acquired by either spouse during the marriage is marital property (see DeJesus v DeJesus, 90 N.Y.2d 643, 648 [1997]; see also Domestic Relations Law § 236 [B] [5] [d] [7]). As a result, the referee properly found that the parties should equally divide the proceeds of the house sale (see Smith v Smith, 8 A.D.3d 728<...

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