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MARITAL PROPERTY - Equalization or division - Considerations - Constructive and resulting trusts - Matrimonial home

Monday, June 05, 2017 @ 8:20 AM  

Appeal by the wife from the dismissal of her action against the husband and his mother, in which the wife sought an equalization of net family property and an interest in the former matrimonial home on the basis of a resulting, implied or constructive trust. The parties married in 1997 and separated in 2006. They executed Minutes of Settlement in March 2007 pursuant to which the wife transferred her interest in the matrimonial home to the husband. The settlement provided that any transfers or payments made...