Legal Question in Family Law in New York

Re: sell home,pay debt

You really should retain an attorney, before permitting your husband to proceed further in the sale of the house, without you and he reaching an agreement concerning the matters you have questions about.

If he sells the house, without payment of what you describe as "the marital debt" the money might be gone and the debt remaining, for you to pay.

Get a lawyer.

Good luck,

Phroska L. McAlister,ESQ

Re: sell home,pay debt

If the refinancing took place while you were still living in the marital home, or were still together as a married couple. You may be entitled to reep the benefit of increased profit when the marital home is sold, however this would be offset by the debt left in the marital estate. In other words you're probably responsible for both.

Re: sell home,pay debt

The first question to answer is whether the home is a marital asset. It is, if you bought it together during the marriage. There may be other circumstances that would make it a marital assets as well.

If it is a marital asset, then you are both entitled to share in the value.

I would highly recommend that you concult with an attorney, immediately, to protect your rights.