COHEN-MCLAUGHLIN v. MCLAUGHLIN (Appellate Div., 2nd Dep’t)

Prior to the parties’ marriage, plaintiff-wife owned a home in Port Jefferson Station which later was used as the marital residence.  The defendant-husband was a self-employed dentist.  Pursuant to the parties’ marriage, the parties created a partnership for the purpose of asset protection and thereafter, the wife conveyed the deed of the marital residence to the partnership.  The husband contends that pursuant to this transfer, this property became a marital asset which the Supreme Court erred in failing to award any portion of the value to him as marital property.  However, the Appellate Court affirms the decision of the Supreme Court because there was ample evidence to show that the transfer of the home into the partnership formed during the parties’ marriage was for the purpose of protecting the asset from third parties and was not to change the character of the residence from separate to marital.