MYERS v. MYERS (Appellate Division, 3rd Dept)

In an effort to consolidate marital debt, the wife conveyed her separate real property to herself and her husband sometime during the marriage to take out a joint mortgage on the property.  The parties incurred debt totaling $160,000 which the Supreme Court divided equally without first allowing a separate property credit for the wife.  The Appellate Court reaffirms the decision; although initially separate real property, funds from the joint mortgage, subsequent refinancing, and home equity loans enabled both parties to support their lifestyle during which time, portions of the debt were paid off primarily by the husband’s income for years. Therefore, a separate property origination credit “is not strictly mandated since the property is no longer separate.”

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