Who Gets the House in a New York State Divorce?

When couples divorce, one of the most emotionally charged and financially significant questions is: who gets the house? For many New York families, the marital home represents their largest asset and holds deep sentimental value. Understanding how New York courts handle this issue can help you prepare for what lies ahead. In this post, a Syracuse divorce attorney explains what you need to know.

New York's Equitable Distribution Framework

New York is an equitable distribution state, which means that marital property is divided fairly, though not necessarily equally, between spouses. The family home is typically considered marital property subject to this division, but the outcome depends on several important factors.

What Makes a House Marital Property?

The first question is whether the house is actually marital property. Generally, any property acquired during the marriage is considered marital property, regardless of whose name is on the deed or mortgage. However, there are important exceptions:

Separate Property: A house owned by one spouse before the marriage typically remains that spouse's separate property. However, if the other spouse contributed to mortgage payments, renovations, or maintenance during the marriage, they may have a claim to a portion of the increased value.

Inherited or Gifted Property: If one spouse inherited the house or received it as a gift specifically to them (not to both spouses), it may be considered separate property, unless marital funds were used for improvements or mortgage payments.

Commingling: When separate property becomes mixed with marital assets, such as using joint funds to pay the mortgage on a house owned before marriage, it can become partially or entirely marital property.

Common Outcomes in New York Divorces

Even though the court has the authority to decide, many couples reach an agreement outside of court. Some common options include:

Option 1: One Spouse Keeps the House

The most common scenario is that one spouse retains ownership of the home. This typically happens when:

• One spouse has primary custody of minor children

• One spouse can afford to maintain the home and buy out the other's interest

• The house was separate property with limited marital contributions

When one spouse keeps the house, they usually must "buy out" the other spouse's interest by paying them their share of the equity, either immediately or through offsetting other marital assets.

Option 2: Sell the House and Split the Proceeds

Many divorcing couples choose to sell the marital home and divide the proceeds. This option provides a clean break and allows both parties to start fresh. It's often the most practical solution when:

• Neither spouse can afford to maintain the home alone

• There are no minor children requiring stability in the home

• The couple needs liquidity to divide assets fairly

• There's insufficient equity to make a buyout feasible

Option 3: Deferred Sale

In some cases, particularly when children are involved, the court may order a deferred sale. This allows the custodial parent and children to remain in the home until a specific event occurs, such as the youngest child graduating from high school or reaching age 18. The non-custodial parent typically retains an ownership interest and may continue contributing to the mortgage.

Contact a Syracuse Divorce Attorney Today

The family home represents not just a financial asset but a repository of memories and a symbol of family life. Making decisions about its future is never easy, but understanding New York's legal framework can help you approach this challenge with clarity and confidence. If you're considering divorce in New York State and have questions about the process, contact our office today for a free confidential consultation with an experienced Syracuse divorce attorney.

For more details on the divorce process please visit our Divorce and Frequently Asked Questions pages

Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Laws and guidelines can change, so always verify with current statutes or a professional.