Broadway theater heir Eric Nederlander can be required to pay off half of a multimillion-dollar mortgage on a home he owns with his estranged wife Lindsey even though there has been no final allocation of assets in the couple’s divorce proceeding, a unanimous state appellate panel has ruled.

The panel in Nederlander v. Nederlander, 350510/07, held on Jan. 3 that Manhattan Supreme Court Justice Deborah Kaplan (See Profile) had the authority to order Eric to either refinance or pay half the mortgage before the distribution of the couple’s assets was litigated in order to preserve the assets and avoid foreclosure. The mortgage matured during the divorce proceeding, and the outstanding debt is more than $3 million.