A New York husband used a loan secured against his own home to help buy a marital property; after the couple divorced, an October 22 court ruled the debt must be paid from their joint home’s sale proceeds

A New York appeals court has ruled that a husband who borrowed money against a home he owned before marriage is entitled to have that debt paid in full from the proceeds of selling the couple’s jointly owned marital home. The ruling was issued on 22 October 2026 by the New York Supreme Court, Appellate Division, First Department, in the divorce case Menkes v Menkes. The decision explains how New York’s divorce laws treat debts taken on by one spouse to buy a shared family home. It clarifies how these financial obligations must be handled when a couple divorces and their property is divided. According to court filings published by the Appellate Division, First Department, the husband owned a residential property in his name alone…