Legal Question in Real Estate Law in New York

I am in NY State. Owned home for 20 years..Live with husband...Both our names are on mortgage which is being satisfied on Monday..Only my name is on the deed....

In a legal seperation or divorce would he be entitled to half of home?

Husband has huge credit card debts. I am not on cards AT ALL. Can debts be attached to my home?

Husband has no health insurance. Can medical bills be attached to home?

Would a legal seperation from husband safeguard my full ownership in house and not chance of debts putting lien on house?

Thanks!


Asked on 1/24/11, 8:00 am

1 Answer from Attorneys
Michael Markowitz Michael A. Markowitz, PC

Q. In a legal seperation or divorce would he be entitled to half of home?

A. Yes, he would be entitled to equitable division of the marital residence.

Q. Husband has huge credit card debts. I am not on cards AT ALL. Can debts be attached to my home?

A. Since house is solely in your name, judgment against husband will not affect the house.

Q. Husband has no health insurance. Can medical bills be attached to home?

A. Maybe. Under NY law medical services are deemed a necessity. As a necessity, the spouse may also be sued. Once there is a judgment against spouse (you), that would affect title to the house.

Mike.

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Answered on 1/27/11, 3:00 pm


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