GONZALEZ V. GREEN 831 N.Y.S.2d 856 (2006) CASE BRIEF

GONZALEZ V. GREEN

831 N.Y.S.2d 856 (2006)

NATURE OF THE CASE: Green (D) moved for a summary judgment to dismiss a divorce action by Gonzalez (P). D also sought a declaration that, since the parties were never married, an agreement was void ab initio and all property transferred by D to P had to be returned.

FACTS: P and D had been same sex domestic partners from 2001 when D, a person of considerable assets and income, invited P to move in with him. P had little or no income at the time. D gave P expensive gifts, including two automobiles and a ski house in P's name. In 2005, they decided to take advantage of recent Massachusetts legislation that permits people of the same sex to marry. They arranged for and took part in a marriage ceremony to each other in Massachusetts on February 14, 2005. However, under Massachusetts law, because they lived in New York, such a marriage would be void. Their relationship deteriorated and they separated. D's attorney drafted a 'separation agreement' which both parties executed in the manner in which a deed should be executed. The agreement provides for division of the real and personal property accumulated by the parties during their time together; it also provides for a one-time payment by D to P of the sum of $780,000, described as 'the only support, maintenance, or other form of payment by either party hereto to the other.' The agreement which contains mutual releases, was fully performed upon its execution by the parties, respectively, on September 21 and September 22, 2005. On January 20, 2006 P commenced an 'Action For A Divorce' against D. D moved by order to show cause for summary judgment dismissing P's action for failure to state a cause of action. D's motion also seeks a declaration that, as a matter of law, since the parties were never married, the agreement was void ab initio and all property transferred by D to P must be returned to D.

ISSUE:

RULE OF LAW:

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LEGAL ANALYSIS:

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