Capoccitti v. Capoccitti

N/A

OUTCOME: Following a trial, it was successfully argued that the conveyance of property pursuant to a Warranty Deed is marital property subject to division by the court.

Among other issues in dispute, was the issue of whether the transfer of interest in a property, in which the transferor maintained a life estate, was marital property subject to division by the court. ... The transferree/opposing party argued that this type of transfer is similar to the conveyance of property pursuant to a will, and even called the transferor to testify as to her intentions in transferring a fee simple interest to him. It was our position that this is not similar to a will, in which any future interest is prospective, but instead was marital property in which the transferor had real and present interest.