Legal Question in Real Estate Law in New York

married property question

I've been married to my husband nearly 7 years and we've been living together for over 10 years. The house we live in is in my husband name, however for the past 10 years I have been paying half of the mortgage, bills etc. We have two small children. I recently found out that my husband took out over $150,000 in cash against the house without me consenting to it. Did he have the right to do it? Can I legally pressure him to pay this money back? He refuses to pay it back on his own.


Asked on 1/08/07, 9:00 pm

1 Answer from Attorneys
Arnold Nager Arnold H. Nager, Esquire

Re: married property question

Yes, he had the legal right to take the money out, since the house is in his name. Legally, you could pressure him by filing for divorce and asking for the house for yourself and your two children.

Since you have been paying half the bills for all these years, ask him to put your name on the deed. This would give you the right to say no, if he wanted to borrow more money against the house.

Alternatively, you may wish to consult an attorney for other options.

This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon in any way. All readers are advised to consult an attorney to address their specific legal concerns. Additional facts could affect the answer given.

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Answered on 1/08/07, 9:09 pm


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