MULA v. MULA (Appellate Div., 3rd Dep’t)

Here the parties disagree about the marital/separate status of three pieces of property.  Here, the court reversed the ruling of the Supreme Court on two of the properties (the Tudor City apartment and the St. Croix condo) and deemed them the wife’s separate property.  Although both properties were obtained during the marriage, wife overcame the marital property presumption through documentary and testimonial evidence.  The Tudor City apartment was purchased with the wife’s separate investment accounts and the St. Croix condo was also purchased using only the wife’s separate property as collateral for the loan and was deeded to her individually.