What happens to the marital home in a New York divorce?

What the Law Says

New York follows equitable distribution for dividing marital property—including the marital home—upon divorce. The court considers multiple statutory factors to determine a fair (not necessarily equal) division.

The marital home is presumed to be marital property if acquired during the marriage—even if only one spouse’s name is on the deed or mortgage—unless proven to be separate property (e.g., inherited or purchased with pre-marital funds).

The court may award the home to one spouse (often the custodial parent), order its sale, or permit a buyout. A buyout requires determining the home’s current fair market value and subtracting any outstanding mortgage to calculate net equity.

Judges weigh 13 statutory factors—including each spouse’s income, health, age, contributions to the marriage (including non-financial ones like caregiving), and the need of a custodial parent to remain in the home with children.

Statutory Text

In determining an equitable disposition of property, the court shall consider: (a) the income and property of each party at the time of marriage, and at the time of the commencement of the action; (b) the duration of the marriage and the age and health of both parties; (c) the need of a custodial parent to occupy or own the marital residence...

— Domestic Relations Law § 236(B)(5)(d) — Equitable distribution factors

What to Do

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