| La Rochelle v La Rochelle |
| 2007 NY Slip Op 08196 [44 AD3d 1011] |
| October 30, 2007 |
| Appellate Division, Second Department |
| Marlene La Rochelle, Respondent, v Alix La Rochelle,Appellant. |
—[*1] Marlene La Rochelle, Brooklyn, N.Y., respondent pro se.
In an action for a divorce and ancillary relief, the defendant appeals from so much of an orderof the Supreme Court, Kings County (Prus, J.), dated December 8, 2006, as granted the plaintiff'smotion for summary judgment determining that the marital residence is her separate property.
Ordered that the order is reversed insofar as appealed from, on the law, with costs, and theplaintiff's motion for summary judgment determining that the marital residence is her separateproperty is denied.
The parties were married in 1970 and purchased a residence in 1977. In 2004 the defendantexecuted a quitclaim deed conveying his interest in the residence to the plaintiff. After this actionfor a divorce was commenced in 2005, the plaintiff moved for summary judgment determiningthat the marital residence is her separate property solely on the basis of that deed. The transfer oftitle to a marital residence between spouses during the marriage is not determinative of whetherthe property is separate or marital (see Domestic Relations Law § 236 [B] [1] [c];Angot v Angot, 273 AD2d 423 [2000]; Sorrell v Sorrell, 233 AD2d 387 [1996]).As a result, the plaintiff failed to establish her prima facie entitlement to judgment as a matter oflaw, and her motion for summary judgment should have been denied (see Winegrad v NewYork Univ. Med. Ctr., 64 NY2d 851, 853 [1985]). Schmidt, J.P., Spolzino, Santucci andDickerson, JJ., concur.