Brown v. Brown

203 A.D.2d 912, 611 N.Y.S.2d 65 (1994)

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Brown v. Brown

New York Supreme Court, Appellate Division
203 A.D.2d 912, 611 N.Y.S.2d 65 (1994)

  • Written by Tammy Boggs, JD

Facts

Richard Brown (plaintiff) and Frances Brown (defendant) were married. Frances maintained an investment management account at Chase Lincoln First Bank (the investment account) as her separate property. During Frances’s marriage to Richard, the investment account increased in value. Richard filed for divorce and claimed a share of the appreciation in value. At trial, Frances presented evidence that the account had increased in value because of the bank’s management of the account’s investments, market forces, and a deposit of an inheritance from her father in 1984. The trial court awarded Richard a portion of the appreciation in the account. Frances appealed.

Rule of Law

Issue

Holding and Reasoning ()

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Casebooks

Family Law

Key Terms

  • Equitable DistributionThe fair but not necessarily equal division of marital property in a divorce proceeding.
  • Separate PropertyProperty acquired by one spouse before marriage or by gift or inheritance, in which the other spouse has no ownership interest. Property acquired by one spouse after the date of commencement of a divorce action is also considered separate property.

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