Menkes v Menkes

Holding The Appellate Division affirmed the judgment directing that a home equity line of credit secured by the husband’s separate property be paid from the proceeds of the jointly owned marital residence. The court held that the debt incurred to acquire the marital residence is not transformed into a separate property obligation merely because it is secured by separate property.

The court’s words

The fact that the home equity line of credit was secured by the husband's separate property does not transform the debt into a separate property obligation

2026 NY Slip Op 06203, at the official text

the judgment merely directs that the outstanding debt incurred to acquire the marital residence be satisfied from the proceeds of the sale

2026 NY Slip Op 06203, at the official text