N.Y. Domestic Relations Law Section 233
Sequestration of defendant’s property in action for divorce, separation or annulment where defendant cannot be personally served

Where in an action for divorce, separation, annulment or declaration of nullity of a void marriage it appears to the court that the defendant 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 defendant, 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 or judgment as the case may be, and during the pendency of the action 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 action and the proceedings incidental thereto or connected therewith; 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 plaintiff 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 defendant spouse as a dwelling for himself or herself with or without the children of the marriage, and may likewise turn over to the plaintiff spouse for the use of such spouse with or without the children of the marriage any chattel or chattels of the defendant 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.

Source: Section 233 — Sequestration of defendant's property in action for divorce, separation or annulment where defendant cannot be personally served, https://www.­nysenate.­gov/legislation/laws/DOM/233 (updated Sep. 22, 2014; accessed Jan. 18, 2025).

230
Required residence of parties 231
Residence of married persons 232
Notice of nature of matrimonial action 233
Sequestration of defendant’s property in action for divorce, separation or annulment where defendant cannot be personally served 234
Title to or occupancy and possession of property 235
Information as to details of matrimonial actions or proceedings 236
Special controlling provisions 237
Counsel fees and expenses 238
Expenses in enforcement and modification proceedings 239
Stay in divorce or separation action on default of payment 240
Custody and child support 240‑A
Judgment or decree 240‑B
Order of support by parent 240‑C
Review and cost of living adjustment of child support orders 240‑D
Support orders for certain adult dependents 241
Interference with or withholding of visitation rights 243
Security for payments by defendant in action for divorce, separation or annulment 244
Enforcement by execution of judgment or order in action for divorce, separation or annulment 244‑A
Enforcement of arrears which accrue during pendency of an enforcement proceeding 244‑B
Child support proceedings and enforcement of arrears 244‑C
Child support proceedings and enforcement of arrears 244‑D
Child support proceedings and enforcement of arrears 245
Enforcement by contempt proceedings of judgment or order in action for divorce, separation or annulment 246
Persons financially unable to comply with orders or judgments directing the payment of alimony 247
Alimony or maintenance payments suspended during confinement in prison 248
Modification of judgment or order in action for divorce or annulment 249
Trial preferences in matrimonial actions 250
Agreements relating to marriage 251
Filing of order in family court 252
Effect of pendency of action for divorce, separation or annulment on petition for order of protection 253
Removal of barriers to remarriage 254
Confidentiality 255
Prerequisites for judgments under articles nine, ten and eleven of this chapter
Green check means up to date. Up to date

Accessed:
Jan. 18, 2025

Last modified:
Sep. 22, 2014

§ 233’s source at nysenate​.gov

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