Legal Question in Family Law in New York

equity and home loan

I am keeping the house but is he still obligated to pay any part of the mortgage and second home loan since this is marital debt? Also we have 40,000 in equity, is he entitled to any of that that even though I am not selling?


Asked on 2/23/08, 1:34 pm

1 Answer from Attorneys
Andrew M. Doktofsky Andrew M. Doktofsky, P.C.

Re: equity and home loan

Whether a non-custodial spouse must pay for a mortgage on the marital residence depends on several factors, e.g. the relative income of the parties; child support; and whether maintenance is being paid. From the information that you have provided it would be difficult to answer your question. Keep in mind that marital debts, like marital assets, are to be divided equitably. Please contact my office directly if you would like to discuss your situation.

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Answered on 2/24/08, 1:19 pm


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