O’Brien v. O’Brien case brief summary
489 N.E.2d 712 (N.Y. 1985)
CASE FACTS
Plaintiff and defendant divorced after being married over nine years, during which time plaintiff attended medical school and received a license to practice medicine, which was the only asset the parties had at time of the filing of their divorce. Defendant worked while plaintiff took full-time medical school classes; defendant's salary contributed to the couple's expenses during this time.
DISCUSSION
The court held that according to the Equitable Distribution Law,N.Y. Dom. Rel. Law § 236(B)(c), (d), there were only two types of property, marital and separate, and the court held that the medical license was a valuable property right and part of the marital estate.
CONCLUSION
The decision that a medical license was not a marital asset was reversed because the statute stated that marital assets were either separate or marital assets and a license to practice medicine acquired during the marriage was an asset as considered by the statute.
Recommended Supplements and Study Aids for Property Law
489 N.E.2d 712 (N.Y. 1985)
CASE SYNOPSIS
Defendant appealed the decision of the
Appellate Division of the Supreme Court in the Second Judicial
Department (New York), which reversed the trial court's holding that
plaintiff's license to practice medicine was a marital asset in a
divorce case.CASE FACTS
Plaintiff and defendant divorced after being married over nine years, during which time plaintiff attended medical school and received a license to practice medicine, which was the only asset the parties had at time of the filing of their divorce. Defendant worked while plaintiff took full-time medical school classes; defendant's salary contributed to the couple's expenses during this time.
DISCUSSION
The court held that according to the Equitable Distribution Law,N.Y. Dom. Rel. Law § 236(B)(c), (d), there were only two types of property, marital and separate, and the court held that the medical license was a valuable property right and part of the marital estate.
CONCLUSION
The decision that a medical license was not a marital asset was reversed because the statute stated that marital assets were either separate or marital assets and a license to practice medicine acquired during the marriage was an asset as considered by the statute.
Recommended Supplements and Study Aids for Property Law
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