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 before the marriage. During the marriage, the couple decided to buy a new home together as jointly owned marital property. To pay for the purchase, the husband took out a home equity loan using his separately owned property as security. He directed the full loan amount toward buying the new family home.
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