Price, Sullivan and Foley. The opinion of the court was delivered by Sullivan, J.A.D.
[59 NJSuper Page 301] This dispute stems from a matrimonial action in which plaintiff, who is the wife of defendant, brought a suit for separate maintenance against her husband. On July 25, 1957 a judgment was entered directing defendant to pay plaintiff $100 per week for her support and maintenance. In February 1958 the husband filed a separate suit against his wife in the Chancery Division of this court in which he claimed that the household furniture
and equipment in the family home belonged to him because he had paid for it, and asked that it be awarded to him.
The wife answered disputing the husband's claim to the furniture and equipment and counterclaimed for the return of $1,000 allegedly advanced to her husband in April 1937. The counterclaim also demanded that, should the court grant any relief to the husband on his suit for the furniture and equipment, then the support provisions of the separate maintenance judgment be modified by awarding to the wife additional monies to enable her to replace any furniture and equipment delivered to the husband.
While this suit was awaiting trial, the wife in October 1958 made an application in the matrimonial action in which she stated that she was about to undergo necessary surgery. She asked that her husband be directed to pay all surgical, hospital and other expenses in connection therewith, since he had refused to do so voluntarily. The husband in turn, on November 19, 1958, alleging hardship, filed a motion in the matrimonial suit to modify the original judgment awarding the wife $100 per week support. Thereafter the suit involving the furniture and equipment and the $1,000 advance was consolidated with the motions in the matrimonial case, and the matter was heard in the Matrimonial Division.
At the conclusion of the hearing which was held before a judge other than the one who had decided the original separate maintenance suit, a judgment was entered as follows:
1. The weekly support payments to plaintiff were reduced from $100 to $90 because there had been a change in circumstances relative to the earnings, potential earnings, and age of the husband.
2. It was adjudged that the furniture and equipment belonged to the husband and wife as tenants in common, and the wife was directed to pay one-half of the value thereof to her husband, and if the parties were unable to agree upon a value, a distribution in kind was to be had, or a sale made and the proceeds divided.
3. The demand of the wife that the support provisions in the separate maintenance judgment be modified by awarding her additional monies to enable her to replace any furniture and equipment awarded to her husband was dismissed.
4. The claim of the wife for repayment of the alleged advance of $1,000 was dismissed for lack of proof.
5. The application of the wife to direct her husband to defray the expenses of her ...