What Happens To Property After A Divorce In New York

June 13, 2023George Barrett

Divorce is a difficult process, particularly regarding the division of property. The laws governing how divorcing couples must divide assets vary from state to state. Understanding what happens to one’s belongings during divorce is essential for those considering or undergoing such proceedings in New York.

This article will explore what happens to property after a divorce in New York and discuss some important points on how to handle your real estate matters. 

Determining Property Division After Divorce

The first step in determining what happens to property after a divorce in New York is understanding the concept of equitable distribution. In New York, marital property must be divided equitably between two parties; however, this does not mean an equal split. Separate or non-marital property may be subject to division depending on contributions and appreciation. Therefore, it is important to identify which items are considered marital and non-marital property before proceeding.

In addition to familiarizing oneself with the rules surrounding equitable distribution and classifying types of properties, knowledge about other aspects related to asset division post-divorce should also be acquired. For instance, certain tax implications associated with different forms of transfer of ownership could affect both spouses financially following the dissolution of marriage. Moreover, issues concerning spousal support could arise if one party needs financial assistance from another due to individual economic circumstances or lack of necessary skill sets required for self-sufficiency post-divorce.

Dividing Property In New York State

Divorcing couples in New York State must divide their marital property. This is usually done through a process called equitable distribution, which ensures that both parties receive what is fair and just under the law. The court will consider several factors when deciding how to divide the marital estate, including length of marriage, economic circumstances of each party, contribution to the acquisition or improvement of assets, and more.

When determining an appropriate property division in a divorce proceeding, it is important to understand the difference between separate and marital property. The individual property includes any asset owned before marriage or acquired separately during marriage with non-marital funds (e.g., gifts). Marital property consists of all other assets obtained while married regardless of whether they are titled in one person’s name or jointly owned by both spouses. 

In general, courts seek to create an equal division of marital assets unless there are compelling reasons why this would be unfair or unreasonable. When dividing up these assets from the marital estate, courts may also decide if either spouse should pay alimony or support payments for a certain period after the divorce.

Real Estate Consequences

Real estate is among the most important assets when negotiating a divorce settlement. In New York State, both parties have an equal right to ownership and use of real property acquired during a marriage–regardless of who holds the title. However, if only one party holds the title,  they may be obligated to buy out their partner’s interest for them to receive an equitable distribution from the marital estate.

The court will divide any equity accrued during marriage. This can mean either spouse is awarded full or partial ownership rights in real estate after divorce. If neither party wishes to retain full ownership rights, this could lead to selling assets as part of the overall marital settlement. It is essential for divorcing couples to evaluate all aspects related to real estate before finalizing the divorce decree so that each party receives fair consideration under state law.

Dividing Property After Divorce In The State Of New York

Dividing property in the state of New York occurs when marriages terminate through a legal separation or divorce proceedings and are done by equitable distribution laws. With an understanding of these regulations, individuals going through a divorce can ensure that they obtain what rightfully belongs to them under New York law.

When a property changes hands, transfer taxes may be applicable. Learn more about who pays transfer taxes in our Real Estate Trend guide.

George is the visionary behind NY Real Estate Trend. With over 20 years of experience in the real estate industry, he has a deep understanding of the New York market and a passion for helping others navigate it.
Additional Information
© 2024 NY Real Estate Trend. All Rights Reserved.