Real Estate Divorce Lawyer New York County, NY

Dividing real property is one of the most consequential parts of any divorce. In New York County—home to some of the nation’s most valuable residential and commercial real estate—getting that division right is critical. Law Offices Of SRIS, P.C., founded in 1997, represents individuals in Manhattan divorce matters that involve houses, condominiums, co‑ops, investment properties, and business‑related real estate. The firm’s approach focuses on careful valuation and equitable distribution under New York law. Reach our location at (888) 437‑7747 to schedule a consultation.
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What Real Estate Divorce Means in New York County

New York is an equitable distribution state, governed by New York Domestic Relations Law § 236. That means marital property—including real estate acquired during the marriage—is divided fairly, though not necessarily equally, based on a set of statutory factors. For New York County residents, the division typically plays out in the New York County Supreme Court at 60 Centre Street. Because Manhattan real estate values can be substantial and the ownership structures complex (co‑ops, condominiums, multi‑unit dwellings, and mixed‑use buildings), identifying and classifying each asset is a central step.

The court considers the income and property of each spouse, the duration of the marriage, the age and health of the parties, the need for the custodial parent to occupy the marital residence, and any wasteful dissipation of assets, among other factors. Separate property—assets owned before the marriage or received as an inheritance or gift—is normally not subject to division, but tracing those assets and proving their character can be essential. Mr. Sris and his Of Counsel work to ensure that real estate interests are properly classified and fairly treated.

How Mr. Sris and His Of Counsel Handle Real Estate Divorce Cases

The process starts by identifying every piece of real property the spouses hold, including homes, vacation properties, rental units, and business‑related real estate. The next step is determining whether each property is marital, separate, or a combination of both. A condominium purchased during the marriage with mortgage payments made from marital income is presumptively marital, but a down payment from one spouse’s separate funds may create a hybrid asset that requires careful analysis.

Valuation is often the most disputed element, especially in a market as dynamic as Manhattan’s. The firm works with appraisers and, when necessary, forensic accountants to establish fair market values. In many cases the parties are able to negotiate a settlement—one spouse may buy out the other’s interest, or the property may be sold and the net proceeds divided. When settlement is not possible, Mr. Sris and his Of Counsel are prepared to present valuation evidence at trial and advocate for a distribution that reflects the statutory factors. Throughout, the objective is to protect the client’s legitimate interest while avoiding unnecessary litigation expense.

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has practiced in New York, Virginia, Maryland, the District of Columbia, and New Jersey since 1997. His experience encompasses the full range of family law matters, including contested property division. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova), which addressed equitable distribution of retirement assets—a related area that demonstrates his familiarity with the tax and valuation issues that often accompany real estate division.

Together with his Of Counsel, Mr. Sris brings over 120 years of combined legal experience to real estate divorce cases. Results may vary. The team approaches every matter with a thorough, detail‑oriented strategy that focuses on accurate valuation and practical resolution. Mr. Sris and his Of Counsel have documented 4,739+ case results across all practice areas since 1997. Results may vary.

Verify admissions: Virginia State Bar · Maryland Judiciary · DC Bar · NJ Courts · NY OCA

Last reviewed: June 2026

Reviewed by Mr. Sris, Owner and Founder

Admitted in Virginia, Maryland, District of Columbia, New Jersey, and New York

Practicing since 1997

Frequently Asked Questions

How is real estate divided in a New York divorce?

Real estate acquired during the marriage is marital property subject to equitable distribution under New York Domestic Relations Law § 236. The court considers factors such as each spouse’s income, the length of the marriage, and the contributions of each party. Separate property, including real estate owned before the marriage or received as an inheritance, is generally not divided. For real estate that is partly marital and partly separate, the court may award the marital portion to the non‑titled spouse or order a buyout.

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

The marital home is treated as an asset to be valued and divided equitably, not necessarily sold. If the custodial parent needs to remain in the home for the children’s stability, the court may award exclusive occupancy for a period. Alternatively, the parties may agree to sell the property and divide the proceeds. In Manhattan, where co‑op and condominium rules can restrict transfers, the specific terms of the proprietary lease or condominium declaration may also affect the outcome.

Can one spouse keep the apartment while the other receives other assets?

Yes, an offsetting distribution is common—one spouse keeps the real estate and the other receives a larger share of other marital assets or a monetary payment. This approach avoids the need to sell the property immediately. A fair offset requires an accurate valuation. When the property is a co‑op, the board’s right of first refusal or other transfer restrictions must be considered. Mr. Sris and his Of Counsel work with valuation professionals to help ensure any offset reflects the property’s true market value.

How are investment properties handled in a New York divorce?

Investment real estate, rental properties, and business‑related real estate are treated as marital property if they were acquired during the marriage with marital funds. The court may divide the income stream, order a sale, or award the property to one spouse with an offset. Valuation often requires an income‑based approach rather than a simple market comparison, especially for properties with ongoing leases. Complex portfolios may necessitate forensic accounting to trace income and expenses.

Do I need a lawyer for a real estate divorce in Manhattan?

While you are not legally required to have a lawyer, real estate valuation and equitable distribution disputes involve significant financial stakes and complex legal rules. A lawyer can help identify all real estate interests, classify them correctly, coordinate appraisals, and negotiate or litigate a fair division. Mistakes in classifying or valuing real property can lead to an unequal outcome that may be difficult to modify later.

What should I bring to a consultation about real estate in my divorce?

Bring deeds, mortgage statements, co‑op or condominium documents, recent appraisals, property tax bills, and any prenuptial or separation agreements. Also gather records of down payments or improvements made with separate funds, as these may support a claim for reimbursement. Any documents reflecting the property’s purchase date and source of funds are useful. The more complete the financial picture, the better Mr. Sris and his Of Counsel can assess your situation.

Primary sources: New York Domestic Relations Law § 236 · New York County Supreme Court · New York State Unified Court System

Attorney advertising. Prior results do not guarantee a similar outcome. Case results depend on a variety of factors unique to each case. Results may vary.