New York § 233 Sequestration of defendant's property in action for divorce, separation or annulment where defendant cannot be personally served

New York Statutes

§ 233 — Sequestration of defendant's property in action for divorce, separation or annulment where defendant cannot be personally served

New York § 233

Law DOMDomestic Relations

Art. 13Provisions Applicable to More Than One Type of Matrimonial Action

This text of New York § 233 (Sequestration of defendant's property in action for divorce, separation or annulment where defendant cannot be personally served) is published on Counsel Stack Legal Research, covering New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

N.Y. Domestic Relations § 233 (2026).

Text

  § 233. Sequestration of defendant's property in action for divorce,\nseparation or annulment where defendant cannot be personally served.\nWhere in an action for divorce, separation, annulment or declaration of\nnullity of a void marriage it appears to the court that the defendant is\nnot within the state, or cannot be found therein, or is concealing\nhimself or herself therein, so that process cannot be personally served\nupon the defendant, the court may at any time and from time to time make\nany order or orders without notice directing the sequestration of his or\nher property, both real and personal and whether tangible or intangible,\nwithin the state, and may appoint a receiver thereof, or by injunction\nor otherwise take the same into its possession and control. The property\nthu

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§ 233. Sequestration of defendant's property in action for divorce,\nseparation or annulment where defendant cannot be personally served.\nWhere in an action for divorce, separation, annulment or declaration of\nnullity of a void marriage it appears to the court that the defendant is\nnot within the state, or cannot be found therein, or is concealing\nhimself or herself therein, so that process cannot be personally served\nupon the defendant, the court may at any time and from time to time make\nany order or orders without notice directing the sequestration of his or\nher property, both real and personal and whether tangible or intangible,\nwithin the state, and may appoint a receiver thereof, or by injunction\nor otherwise take the same into its possession and control. The property\nthus sequestered and the income therefrom may be applied in whole or in\npart and from time to time, under the direction of the court and as\njustice may require, to the payment of such sum or sums as the court may\ndeem it proper to award, by order or judgment as the case may be, and\nduring the pendency of the action or at the termination thereof, for the\neducation or maintenance of any of the children of a marriage, or for\nthe support of a spouse, or for his or her expenses in bringing and\ncarrying on said action and the proceedings incidental thereto or\nconnected therewith; and if the rents and profits of the real estate,\ntogether with the other property so sequestered, be insufficient to pay\nthe sums of money required, the court, upon such terms and conditions as\nit may prescribe, may direct the mortgage or sale of sufficient of said\nreal estate to pay such sums. The court may appoint the plaintiff spouse\nreceiver or sequestrator in such cases. The court may authorize such\nspouse to use and occupy, free of any liability for rent or use and\noccupation or otherwise, any house or other suitable property of the\ndefendant spouse as a dwelling for himself or herself with or without\nthe children of the marriage, and may likewise turn over to the\nplaintiff spouse for the use of such spouse with or without the children\nof the marriage any chattel or chattels of the defendant spouse. The\nrelief herein provided for is in addition to any and every other remedy\nto which a spouse may be entitled under the law.\n