LAW.coLAW.co

Tung Auyeung, Respondent, v. Yinyin Mui, Appellant

New York Supreme Court, Appellate Division2011-03-08
82 A.D.3d 477918 N.Y.S.2d 412

Authorities cited

No cited authorities resolved to law.co cases yet.

Opinion

majority opinion

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 NY2d 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 AD3d 728 [2004]; see also McManus v McManus, 298 AD2d 189 [2002]; Fields v Fields, 15 NY3d 158, 165-166 [2010], affg 65 AD3d 297 [2009]).

We find no basis to disturb the referee’s credibility determinations, and thus, find no basis to disturb the referee’s finding on fault (see Hale v Hale, 16 AD3d 231, 233 [2005]).

We have considered the wife’s remaining contentions and find that they are either unpreserved or without merit. Concur— Tom, J.E, Sweeny, Renwick, Freedman and Manzanet-Daniels, JJ.