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New York · Through 2026-09-11

N.Y. Family Court Act § 429: Sequestration of respondent's property

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Where this section sits in the code
  1. Family Court Act
  2. Article 4. Support Proceedings
  3. Part 2. Venue and Preliminary Procedure

§ 429. Sequestration of respondent's property. Where in a proceeding

under this article it appears to the court that the respondent is not

within the state, or cannot be found therein, or is concealing himself

or herself therein, so that process cannot be personally served upon the

respondent, the court may at any time and from time to time make any

order or orders without notice directing the sequestration of his or her

property, both real and personal and whether tangible or intangible,

within the state, and may appoint a receiver thereof, or by injunction

or otherwise take the same into its possession and control. The property

thus sequestered and the income therefrom may be applied in whole or in

part and from time to time, under the direction of the court and as

justice may require, to the payment of such sum or sums as the court may

deem it proper to award, by order, and during the pendency of the

proceeding or at the termination thereof, for the education or

maintenance of any of the children of a marriage, or for the support of

a spouse, or for his or her expenses in bringing and carrying on said

proceeding; and if the rents and profits of the real estate, together

with the other property so sequestered, be insufficient to pay the sums

of money required, the court, upon such terms and conditions as it may

prescribe, may direct the mortgage or sale of sufficient of said real

estate to pay such sums. The court may appoint the petitioning spouse

receiver or sequestrator in such cases. The court may authorize such

spouse to use and occupy, free of any liability for rent or use and

occupation or otherwise, any house or other suitable property of the

respondent spouse as a dwelling for himself or herself with or without

the children of the marriage, and may likewise turn over to the

petitioning spouse for the use of such spouse with or without the

children of the marriage any chattel or chattels of the respondent

spouse. The relief herein provided for is in addition to any and every

other remedy to which a spouse may be entitled under the law.

Collected 2026-09-14T19:32:44Z. Source file · JSON

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