Rubenstein v. Rubenstein

• Mr. Rubenstein = plaintiff
• Mrs. Rubenstein = defendant
• Mr. & Mrs. are married but separated with 2 young children
• Their son was diagnosed with schizophrenia
• The couple owned 2 properties as tenants by the entirety
• The mother demanded that the father transfer the properties to her so that she could support the children thereon
• After the father refused, the mother threatened him with violence including lethal poisoning
• The mother had the father arrested for desertion of the children & non-support
• In reality, Mrs. had more than enough money to support herself & the children
• Succumbing to legal threats, the father signed over both properties to the mother

• The father, next, sued the mother to re-convey the properties back to himself.
• The father lost in the trial court in New Jersey because, in the court's opinion, there hadn't been duress when he signed over his properties to his estranged wife.

May a contract or conveyance be voided due to duress if 1 party threatens the other party with physical violence, imprisonment, or mayhem?

Yes. A contract or conveyance may be voided due to duress if 1 party threatens the other party with physical violence, imprisonment, or mayhem.

Reversed

Judge Heher: Conveyance obtained by duress are in-operative & voidable.

• Contracts_Ayres/9th_ed._Outline#F._Duress