In Pensmore Investments, LLC v. Gruppo, Levey & Co., 137 A.D.3d 558, 559-60, 29 N.Y.S.3d 1 (1st Dep't 2016). the First Department held that a wife was entitled to a hearing to determine whether the personal property in her possession is her sole separate property or marital property. In that case, the judgment creditor obtained a turnover order against a husband. Said order included property in former residences he once shared with his wife, against whom there was a pending divorce action. (Pensmore at 558, 559.) The appellate court reasoned that the wife, who had occupied the residences, should have been allowed to intervene and a hearing should have been held to determine whether the property in the turnover order was her sole separate property. (Pensmore at 558, 559.)