New York § 429 Sequestration of respondent's property

New York Statutes

§ 429 — Sequestration of respondent's property

New York § 429

Law FCTFamily Court Act

Part 2Venue and Preliminary Procedure

Art. 4Support Proceedings

This text of New York § 429 (Sequestration of respondent's property) 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. Family Court Act § 429 (2026).

Text

  § 429. Sequestration of respondent's property. Where in a proceeding\nunder this article it appears to the court that the respondent is not\nwithin the state, or cannot be found therein, or is concealing himself\nor herself therein, so that process cannot be personally served upon the\nrespondent, the court may at any time and from time to time make any\norder or orders without notice directing the sequestration of his or her\nproperty, 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 m

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§ 429. Sequestration of respondent's property. Where in a proceeding\nunder this article it appears to the court that the respondent is not\nwithin the state, or cannot be found therein, or is concealing himself\nor herself therein, so that process cannot be personally served upon the\nrespondent, the court may at any time and from time to time make any\norder or orders without notice directing the sequestration of his or her\nproperty, 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, and during the pendency of the\nproceeding or at the termination thereof, for the education or\nmaintenance of any of the children of a marriage, or for the support of\na spouse, or for his or her expenses in bringing and carrying on said\nproceeding; and if the rents and profits of the real estate, together\nwith the other property so sequestered, be insufficient to pay the sums\nof money required, the court, upon such terms and conditions as it may\nprescribe, may direct the mortgage or sale of sufficient of said real\nestate to pay such sums. The court may appoint the petitioning 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\nrespondent spouse as a dwelling for himself or herself with or without\nthe children of the marriage, and may likewise turn over to the\npetitioning spouse for the use of such spouse with or without the\nchildren of the marriage any chattel or chattels of the respondent\nspouse. The relief herein provided for is in addition to any and every\nother remedy to which a spouse may be entitled under the law.\n