Monday, January 6, 2014

Kurpiel v. Kurpiel case brief

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

Plaintiff husband, a joint tenant, sought a partition of real property against defendants, wife and son.

The husband conveyed a parcel of real estate, which he had exclusively owned, to himself, his wife, and their son "jointly and not as tenants in common." Sometime thereafter, the parties had a falling out and the wife obtained an order from the family court that ordered the husband to stay away from the wife and the property. The husband filed an action to partition the property. The parties filed cross-motions for judgment.


  • The court granted the husband's motion. 
  • The court held that the family court order did not decide the question of ownership of the property because that court did not have jurisdiction to decide the issue. 
  • The court also held that the language of the deed clearly showed that the parties held the property as joint tenants, which could be subject to partition.

The court granted the motion of the husband for partition of the parties' real property.

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