Bennett v. Bennett (Appellate Division, Second Department)

In a prenuptial agreement, the parties agreed that “marital property” would constitute any property jointly owned and all household furniture acquired hereafter. After the marriage, the wife purchased a home in East Hampton for $295,000 of which she made a down payment of $150,000 and the husband took out a mortgage for the balance and paid all bills. Husband, in the divorce action, sought to have the house deemed as marital property, however, the Supreme Court and the Appellate Court agreed that the prenuptial agreement clearly defined such property as separate regardless of whether the husband helped to pay for expenses or took out a mortgage.