Real Estate Divorce Lawyer New York, NY

When a marriage ends in New York, the family home, investment properties, and other real estate holdings often become the most significant financial issue in the divorce. Whether you own a co-op in Manhattan, a brownstone in Brooklyn, a multi-family property in Queens, or a vacation home upstate, how those assets are classified and divided under New York's equitable distribution laws can affect your financial future for decades. Law Offices Of SRIS, P.C. concentrates its practice on divorce matters involving real estate — including determining what is marital versus separate property, valuing complex holdings, and negotiating settlements that protect your interests. We represent clients throughout New York County (Manhattan), Kings County (Brooklyn), Queens County (Queens), Richmond County (Staten Island), and Nassau County, providing experienced counsel in both contested and uncontested divorce proceedings. Reach our location at (888) 437-7747 to request a consultation. Law Offices Of SRIS, P.C. — Advocacy Without Borders.

What Real Estate Divorce Means in New York

Real estate divorce in New York centers on the legal process of identifying, valuing, and distributing real property between spouses when a marriage ends. New York follows the principle of equitable distribution under the Domestic Relations Law (DRL). Unlike community-property states, equitable distribution does not mean a 50/50 split; instead, the court divides marital property in a manner it considers fair after weighing statutory factors including the duration of the marriage, the income and property of each spouse, the contributions of each spouse to the acquisition of the real estate, and the tax consequences of any proposed division.

All real property acquired during the marriage — the marital residence, rental properties, commercial real estate, and any appreciation on separate property that occurred during the marriage — is presumptively marital and subject to distribution. Separate property, generally assets owned before the marriage or acquired by gift or inheritance, remains with the owning spouse. However, commingling of separate and marital funds, or the active efforts of the non-titled spouse to manage or improve the property, can transform separate property into marital, creating significant valuation and tracing disputes. Cases are heard in the Supreme Court of the relevant county, such as the New York County Supreme Court at 60 Centre Street in Manhattan, the Kings County Supreme Court at 360 Adams Street in Brooklyn, or the Queens County Supreme Court at 88-11 Sutphin Boulevard in Jamaica.

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

Mr. Sris and his Of Counsel team approach each real estate divorce matter with a systematic strategy. At the outset, they work with clients to inventory all real property interests — deeds, mortgages, home equity lines, co-op proprietary leases, and property tax records — to establish the property's character. They coordinate with forensic accountants and real estate appraisers to value each asset accurately, including business-owned real estate and investment partnerships. If one spouse seeks to retain the marital home, the team evaluates the feasibility of a buyout, considering the tax implications of capital gains and real estate transfer taxes.

When settlement is not possible, Mr. Sris and his Of Counsel prepare the case for litigation before the Supreme Court. They develop evidence on the factors that bear on equitable distribution, including the financial and non-financial contributions of each spouse, the age and health of both parties, and the need for a custodial parent to occupy the marital residence. New York's automatic orders under DRL § 236 freeze marital assets upon the commencement of a divorce action, preventing the unilateral sale or encumbrance of real estate without court approval; the team moves quickly to secure these protections and, when necessary, seeks pendente lite relief so that a spouse can remain in the home while the divorce is pending. Every step is handled with an eye toward preserving the client's long-term financial stability.

About Mr. Sris and His Of Counsel Team

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., has guided clients through complex family law matters since 1997. He is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York, and brings extensive experience to real estate and high-asset divorce cases. Mr. Sris testified before the Virginia House Courts of Justice Committee in support of 2019 HB 635 (chief patron Del. David Bulova). Together with his Of Counsel — all non-employee attorneys engaged through Excella — Mr. Sris and his team bring over 120 years of combined legal experience. Results may vary. To date, the firm has documented 4,739+ case results across all practice areas.

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Last reviewed: June 2026

Frequently Asked Questions

How is real estate divided in a New York divorce?

New York courts divide real estate using equitable distribution, which means the property is split fairly, not necessarily equally, after classifying it as marital or separate. All real property acquired during the marriage is generally marital, while property owned before marriage or received as a gift or inheritance may remain separate. The court weighs factors such as the length of the marriage, each spouse’s contribution to the acquisition and maintenance of the property, and the tax consequences of a proposed division. The goal is an outcome that is just under the circumstances.

Is a house considered marital property if only one spouse is on the deed?

Often yes; if the house was purchased during the marriage with marital funds, it is presumed marital under New York law regardless of which spouse holds the title. Even if one spouse owned the home before marriage, any appreciation during the marriage that results from the active efforts of either spouse, or from the use of marital funds for mortgage payments or improvements, can become a marital asset subject to distribution. An experienced attorney can trace the source of funds to protect your interest.

Can one spouse force the sale of the marital home during divorce?

A spouse can seek a court order for the sale of the marital residence, but the court will consider whether a sale is necessary to achieve an equitable division and whether other assets can offset the value. If the custodial parent needs to remain in the home for the children's stability, the court may grant exclusive occupancy pendente lite and defer the sale until after the children reach a certain age. The decision is fact-specific and weighs both financial fairness and family needs.

What does equitable distribution mean for out-of-state or second homes?

New York applies equitable distribution to all real estate interests acquired during the marriage, even if the property is located outside New York. A vacation home in another state, an investment property, or a timeshare is considered marital if it was purchased with marital funds. The court retains jurisdiction to divide the asset or order a monetary award to offset its value. Valuation of out-of-state property often requires appraisals and may involve complex tax considerations.

How do New York courts classify a co-op or condo in a divorce?

A co-op apartment or condominium is treated as real property for equitable distribution purposes, but the analysis can be more complicated because of the unique ownership structure. With a co-op, the owner holds shares in a corporation and a proprietary lease, not a deed. The board’s approval may be needed for a transfer. The court considers the market value of the shares, maintenance fees, and any loans. Both appreciation and contributions to the cooperative are examined under the same equitable distribution factors as a house.

What happens to a mortgage after a New York divorce?

The divorce judgment can assign responsibility for the mortgage to one spouse, but the divorce decree does not automatically release the other spouse from liability to the lender. If both spouses signed the promissory note, the lender can pursue either party if payments are missed. To truly separate the obligation, the spouse who keeps the home typically refinances in their name alone. If refinancing is not possible, the court may order the sale of the property or include indemnification provisions to protect the spouse who remains on the note.

How does a New York court handle a business that owns real estate?

When a business entity — such as an LLC or corporation — holds real property, the court first determines whether the business or the underlying real estate is marital property. If the business was acquired or started during the marriage with marital funds, the equity in the real estate is subject to equitable distribution. Valuation often requires forensic accounting to distinguish personal goodwill from enterprise value. The court may award one spouse the business interest and offset the value with other assets or order a monetary award.

What is a pendente lite motion in a real estate divorce?

A pendente lite motion is a request for temporary relief while the divorce is pending; it can address exclusive use of the marital residence, payment of carrying costs, and freezing of assets. In real estate divorce cases, the motion may ask the court to award one spouse exclusive occupancy of the home, require the other spouse to continue paying the mortgage and property taxes, or restrain the sale of investment property. The court decides based on the immediate needs of the family and the preservation of marital assets until a final judgment.

How long does a real estate divorce take in New York County?

An uncontested divorce can be completed in three to six months, while a contested real estate divorce may take twelve to twenty-four months or longer, depending on the court's calendar and the complexity of the property issues. Cases in New York County (Manhattan) Supreme Court at 60 Centre Street tend to be longer due to volume. The timeline is also affected by the time needed for appraisals, forensic valuations, and mandatory settlement conferences. Mr. Sris and his Of Counsel work to resolve disputes efficiently while protecting the client's financial position.

How much does a real estate divorce cost in New York?

Costs vary significantly by case, but typical expenses include the Supreme Court index number fee, a Request for Judicial Intervention fee, and a note of issue fee, plus attorney fees and experienced attorney costs. Service of process, certified copies, and private appraisers add to the total. If mediation is used, sessions range from $100 to $400 per hour. Contested cases that require forensic valuation of real estate may involve additional fees. We discuss fees during the initial consultation so you understand the likely range of costs.

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