Does a husband's possession of furniture and other household goods constitute common possession of a wife's common possession?
"New York", United States of America
The following excerpt is from Avnet v. Avnet, 204 Misc. 760 (N.Y. Dist. Ct. 1953):
Except for articles adapted plainly to the wife's separate and personal use, and so actually used by her, such as wearing apparel and/or ornaments (even though given to her by her husband), all "articles of a different character, such as furniture and household goods, adapted to the use of and used by the family generally, and in their common possession, a different rule must apply." (Whiton v. Snyder, supra, p. 305.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
When a husband and wife are living together in a marital home, does the wife have a presumption of ownership over the furniture that was formerly owned by the husband and brought into the marital home? ("New York", United States of America)
What is the test for "common common law common common law" in a class action? (MultiRegion, United States of America)
Does a husband's common law right to control and use his wife's real estate change when the husband dies? ("New York", United States of America)
When a husband breaches a life insurance agreement that expressly requires the husband to maintain the policy, does the wife have a right to enforce the agreement at the time the husband breached the agreement? ("New York", United States of America)
What is the effect of a "futile amendment" to the meaning of a constitutional amendment to the constitution in the context of constitutional issues? (MultiRegion, United States of America)
What is the test for a common law common law judge to be bound by an opinion of the common law? (MultiRegion, United States of America)
Does a conviction for simple possession of a small amount of cannabis constitute a criminal offence that involves simple possession? (MultiRegion, United States of America)
In what circumstances will a defendant not only be convicted but convicted of drug possession, but of possessing and possessing heroin, not having any authority or control of the drugs? (MultiRegion, United States of America)
Does the fact that the wife was designated in the policy as its owner constitute clear and convincing evidence that the husband intended to give his interest to her? (MultiRegion, United States of America)
Is a plaintiff's dominion and control of the goods sufficient to constitute constructive possession? (MultiRegion, United States of America)
