Capozzoli v. CapozzoliCapozzoli v. Capozzoli
Plaintiff brought suit for a divorce based on a separation of more than 18 months from her husband.
The parties were married on September 12, 1926. They have been separated since February 1947 when plaintiff brought an unsuccessful suit for divorce on the ground of extreme cruelty. The only issue of substance raised on this appeal is whether the trial court erred in denying defendant‘s claim for an equitable distribution of plaintiff‘s property pursuant to the provisions of
The evidence presented in this case shows that plaintiff‘s mother purchased the two-family house in 1941 for $2,400 and gave it to plaintiff as a gift. The court disbelieved defendant‘s testimony that he gave plaintiff $2,000 to pay for the house. The property having been secured by plaintiff as a gift was not property acquired during marriage which would be subject to equitable distribution as a marital asset following a divorce within contemplation of the statute. Painter v. Painter, 118 N.J. Super. 332, 336 (Ch. Div. 1972).
The adjoining tract of land was purchased by plaintiff in 1945, over defendant‘s objections, for $1,000 which she borrowed from her mother and subsequently repaid from her earnings. Plaintiff has lived alone in the house since about 1950. She has supported herself and paid all expenses for the upkeep and taxes on both properties.
We are in full accord with the trial court‘s decision that defendant is not equitably entitled to any interest in either of plaintiff‘s properties.
Affirmed.