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N.Y. Dom. Rel. Law § 234

Title to or occupancy and possession of property

Applied in 11 court decisions — leading case Amato v. Amato (2015)

Most recently applied in Allen v. Allen (December 2023)

2014-09-22

How often courts cite this section

20142020202330
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

§ 234. Title to or occupancy and possession of property. In any action\nfor divorce, for a separation, for an annulment or to declare the\nnullity of a void marriage, the court may (1) determine any question as\nto the title to property arising between the parties, and (2) make such\ndirection, between the parties, concerning the possession of property,\nas in the court's discretion justice requires having regard to the\ncircumstances of the case and of the respective parties. Such direction\nmay be made in the final judgment, or by one or more orders from time to\ntime before or subsequent to final judgment, or by both such order or\norders and final judgment. Where the title to real property is affected,\na copy of such judgment, order or decree, duly certified by the clerk of\nthe court wherein said judgement was rendered, shall be recorded in the\noffice of the recording officer of the county in which such property is\nsituated, as provided by section two hundred ninety-seven-b of the real\nproperty law.\n

Official source: NYS Open Legislation (New York State Senate). Reproduced from public-domain New York statutes; confirm against the official source for the current text. Not legal advice.