Legal Question in Family Law in New York

What are the rules pertaining to debts incurred during the marriage

My husband has not lived in the marital home since April 2003 nor has he contributed any support to the home or his minor child. He is presently in violation of our child support order. During the marriage credit card debt was accumulated but it is only in my name. Are we jointly responsible for all debt no matter who's name it's in? He also said he'd pay the home equity line of credit he didn't causing a foreclosure action against the home. He then wouldn't cooperate with the refinance. Is he entitled to any of the proceeds from a sale. How and can I remove him from the deed, due to his abandonment of the home.


Asked on 3/29/06, 2:27 pm

2 Answers from Attorneys
Andrew Nitzberg Andrew Nitzberg & Associates

Re: What are the rules pertaining to debts incurred during the marriage

You have more rights and options than may may think at this time.

1. He is responsible for his share (50% OR MORE) of the credit card debt, and any other debts.

2. If you bought the house after marriage it is likely (but there are exceptions) that the house is shared as well.

It will relieve your mind and put you in a better position if you were to meet with an attorney.

You are welcome to a consultation for no fee. Email is best to make an appointment.

Read more
Answered on 3/29/06, 3:34 pm
Debra Palazzo Law Offices of Debra Palazzo, LLC

Re: What are the rules pertaining to debts incurred during the marriage

You can not remove him from the Deed without either his agreement or court order via the Equitable Distribution laws in a divorce action.

Read more
Answered on 3/29/06, 10:03 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in New York