ALECCA v. ALECCA (Appellate Division – Third Department)

Pursuant to the Supreme Court decision, defendant-husband was ordered to pay plaintiff-wife $91,750, representing half the stipulated value of the marital residence. Defendant argues that the Supreme Court erred in failing to give him a credit for separate property contributions to the acquisition of the residence. Even though the residence was purchased prior to the marriage and husband paid the down payment and mortgage using his separate funds, the husband conveyed the property to the parties jointly in 1998. This creates a presumption that it became marital property and under such circumstances, it was within the discretion of the Supreme Court as to whether to grant the husband a credit for his separate funds used to acquire this marital asset. No abuse of discretion was found in this instance.