NY Choice of Laws Approach: PROPERTY & FAMILY LAW Flashcards
What approach do NY courts use to choosing the law in a real property dispute?
The traditional vested rights approach: the situs of the property determines which state’s laws apply.
What approach do NY courts use to choose the law in a personal property dispute?
If the property was transferred inter vivos: apply the law of the the property’s location at the time of the relevant transaction (gift, sale, etc.)
If the property was transferred by inheritance: apply the law of the the domicile of the decedent’s death.
What approach do NY courts use to choose the law in a dispute over intangible property?
The location of the document that confers the property interest.
(e.g. the actual, physical location of the stock certificate, or note)
What is the majority approach to recognizing out-of-state performed marriages?
Most states (including NY) recognize any marriage that was recognized in the state where it was performed.
What is the majority exception to recognizing out-of-state marriages?
If a couple leaves the state of domicile to get married in order to avoid a prohibitionary rule of their state of domicile - then the state of domicile will not recognize the marriage.
NY is extremely tolerant of out-of-state marriages.
What state’s laws must a forum state apply in a divorce case?
The forum state always uses its own divorce laws. If at least one spouse is domiciled in the state, it has a legitimate interest in the outcome.
What state’s law governs the validity of “subsequent acts of legitimation” of a child born out of wedlock?
The traditional rule is the law of the father’s domicile, but the modern approach is to apply either the law of the father’s domicile or the child’s domicile.
