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CEASE AND DESIST

00342060.jpgAfter Nancy Cease filed for divorce, her husband, Daniel, claimed the house wasn't subject to equitable distribution.

Although Daniel's father had bought the home back in 1984, each month Nancy wrote her father-in-law a check which equaled the mortgage payment.

In 2000, Daniel supposedly paid off the balance of the mortgage with some inheritance money he didn't tell Nancy about. Yet, she kept writing checks, which her mother-in-law deposited into an "secret" account.

After the Ulster County Supreme Court decided to treat the house as "marital property," Dan appealed.

Because testimony established that the house had been intended for both Daniel and Nancy, (not Daniel alone), and her husband's words and deeds led her to believe she had an interest in the property, the Appellate Division, Third Department, affirmed the outcome.

Who bet the house on that?

To view a copy of the Appellate Division's decision, please use this link: Cease v. Cease

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