LOUISE MATISOFF, APPELLANT, v. STEPHEN DOBI, RESPONDENT.
90 N.Y.2d 127, 681 N.E.2d 376, 659 N.Y.S.2d 209 (1997).
May 8, 1997
1 No. 76 (1997 NY Int. 77)
Decided May 8, 1997
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This opinion is uncorrected and subject to revision before publication
in the New York Reports.
Bernard E. Clair, for Appellant.
Stanley D. Heisler, for Respondent.
KAYE, CHIEF JUDGE:
Domestic Relations Law §236B(3) states that a nuptial agreement made
before or during the marriage must satisfy three requirements to be
"valid and enforceable in a matrimonial action." First, the agreement
must be in writing. Second, it must be subscribed by the parties and
third, it must be "acknowledged or proven in the manner required to
entitle a deed to be recorded." At issue here is the validity of a
written post-nuptial agreement that was signed by the parties but not
acknowledged. Because neither the statute's unambiguous language nor
its history suggests that the Legislature intended the acknowledgment
prerequisite to be dispensable, we conclude that the unacknowledged
agreement here is unenforceable.
I.
Plaintiff Louise Matisoff and defendant Stephen J. Dobi were married
on April 13, 1981. Because of defendant's two prior unsuccessful
marriages, plaintiff wished to protect her real property and other
assets in the event that their marriage failed. Thus, at plaintiff's
urging, the parties entered into a post-nuptial agreement one month
later. At the time, plaintiff was a real estate salesperson in the New
York cooperative apartment market, and defendant was an advisor to the
Commissioner of the New York City Department of Cultural Affairs. Each
earned approximately $40,000 annually.
The agreement provided that the parties waived any rights of election
pursuant to the Estates, Power and Trusts Law "and other rights
accruing solely by reason of the marriage" with regard to property
presently owned or subsequently acquired by either party. It further
specified that "neither party shall have nor shall such party acquire
SNIPPETS:
LOUISE MATISOFF, APPELLANT, v. STEPHEN DOBI, RESPONDENT.
KAYE, CHIEF JUDGE:
the agreement must be in writing.
At issue here is the validity of a written post-nuptial agreement that was signed by the
Because neither the statute's unambiguous language nor its history suggests that the
Plaintiff Louise Matisoff and defendant Stephen J. Dobi were married on April 13,
Because of defendant's two prior unsuccessful marriages, plaintiff wished to protect her real
At the time, plaintiff was a real estate salesperson in the New York cooperative apartment
Plaintiff, however, contended that the agreement was invalid because it was not acknowledged
The majority held that failure to comply with the statutory requirement of acknowledgment did
Noting that the purpose of the statute was to prevent fraud and overreaching in marital
The Appellate Division thus determined that, in these particular circumstances, the nuptial
the enforceability of an unacknowledged nuptial agreement would vary with the original
Domestic Relations Law § 236Bprovides that such "n agreement by the parties, made before or
Pursuant to the Real Property Law, proper acknowledgment or proof is an essential
Defendant further points out that, with regard to deeds, the lack of acknowledgment may not
Real Property Law § 243 similarly specifies that unacknowledged grants are ineffective only
consistent and predictable enforcement is desirable with regard to such important marital
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