Real Estate in the Context of Divorce and Separation

When a marriage ends, few questions loom larger than this: What happens to our home?

Property division during divorce involves complex emotional and financial considerations. In this episode, matrimonial and family law attorney Meredith Singer joins hosts Orsolya Bartha, Esq. and Dalia Zaza, Esq. to break down the intricate intersection of real estate law and divorce proceedings in New York.

Meet Our Expert: Meredith Singer, Esq.

Meredith Singer brings 12 years of experience in matrimonial and family law throughout New York City. After serving as an associate and senior associate at multiple law firms and working as a children's attorney at the Children's Law Center, she launched her own practice with a clear mission: provide quality legal representation at prices New Yorkers can afford.

Known for her personalized attention and fierce advocacy, Meredith prioritizes settlement whenever possible. When litigation becomes necessary, she takes an aggressive approach, ensuring her clients feel heard and protected.

Need help with divorce real estate issues?

• Email: meredith@meredithsingerlaw.com

• Website: www.meredithsingerlaw.com

How Real Estate and Divorce Law Intersect

The overlap between real estate and divorce law is substantial. In virtually every divorce case involving property, attorneys must navigate equitable distribution: the legal process of determining who gets the property, for how much, and when.

This applies whether the property serves as:

• Primary residence

• Vacation home

• Investment property

• Rental unit

And whether it is owned or rented.

Adult Children vs. Minor Children: Different Considerations

When Minor Children Are Involved

New York judges and referees strongly prefer preserving the status quo for minor children. Courts want children to remain in the family home with one parent, minimizing disruption during an already difficult time.

When Adult Children Are the Only Children

The situation becomes more nuanced when only adult children are involved. Parents may want to preserve the asset for inheritance purposes, but Meredith encourages clients (particularly those with sentimental attachments to the marital home) to carefully evaluate both short-term and long-term financial costs.

For parents with adult children, downsizing often makes more financial sense. Renting a smaller apartment where adult children can visit is typically more sustainable than struggling to maintain a large family home alone.

Essential Questions Every Divorcing Client Should Answer

When meeting with divorce clients about real estate, Meredith starts with fundamental questions that many parties surprisingly cannot answer:

Property Ownership Basics

Do you own or rent? If renting, whose names appear on the lease?

If owning, whose names are on the deed?

Meredith often uses ACRIS (New York City's public property record search) to verify ownership, though some counties like Westchester don't appear in ACRIS searches.

Mortgage and Financing Details

• Do you have a mortgage? If so, with which bank?

• Has the mortgage been refinanced? If so, when and why (home improvements, lower interest rates)?

• Who signed the mortgage documents? This is critical.

Why Document Review Matters

Meredith emphasizes the critical importance of reviewing every document before signing.

She has handled cases where:

• A wife took out a HELOC and forged her husband's signature, creating debt obligations he never consented to or knew about

• Spouses signed documents without reading them out of trust, creating serious legal consequences years later

Investment Properties Add Layers of Complexity

Divorcing parties with investment properties face additional challenges beyond the family home.

What Makes Investment Properties Complicated

Rental units provide passive income but require:

• Compliance with New York housing laws

• Understanding of landlord-tenant regulations

• Proper eviction procedures

• Ongoing property maintenance and code compliance

• Tenant management, background checks, and rent collection

  
  

Often, one spouse handled all tenant management during the marriage, leaving the other spouse unprepared to take on these responsibilities post-divorce.

The Pendente Lite Period: Before Final Disposition

Divorces can take years to resolve. Some high-profile New York cases have taken a decade from filing to final judgment.

The time between filing divorce paperwork and final disposition is called the "pendente lite" period (Latin for "pending resolution"). During this time, critical decisions must be made about who stays in the marital residence.

Getting Someone Out: Not Always Easy

Sometimes one spouse voluntarily leaves, especially in toxic situations. Other times, attorneys must file a pendente lite motion requesting that the court order one party to vacate.

However, judges and referees strongly resist this. They don't want to remove someone from a home where their name appears on the deed or lease. Courts avoid making people homeless.

Exceptions When Judges Will Order Removal

1. Abuse Situations When it's unsafe for children or one spouse, judges may order removal if substantial corroborating evidence exists:

• Photographs of injuries

• Videos documenting incidents

• Police reports

• Domestic incident reports

• Witness testimony

Mere allegations without evidence will not suffice.

2. Presence of Minor Children Judges prioritize keeping at least one parent with children in the home whenever possible.

3. Wealthy Litigants with Multiple Properties When parties own multiple homes (such as a Hamptons residence), and one spouse can easily relocate while working remotely or commuting, judges are more willing to order someone out if the situation is toxic.

Encouraging Voluntary Departure: Practical Strategies

When judicial intervention isn't an option or desirable, Meredith recommends several strategies to encourage voluntary departure:

1. Address Parenting Concerns

Common objection: "I would move out, but I don't want to miss time with my children." Solution: Establish a formal parenting plan guaranteeing regular, reasonable access to the children. Once visitation is secured, this becomes a non-issue.

2. Provide Financial Assistance

Offer practical help:

• Assist with moving expenses

• Provide loans or even gifts to facilitate relocation

• Help secure temporary housing

3. Leverage Family and Friends

Connect the departing spouse with their support network for temporary housing solutions while they find something permanent.

4. Negotiate Trade-Offs

Something of significant value to your spouse may matter less to you. Consider trading assets or concessions in exchange for them moving out voluntarily.

Understanding Pendente Lite Carrying Charges

Here is a critical point many people miss: Moving out does not eliminate financial responsibility.

Even after vacating the marital home, the wealthier spouse may still be obligated to pay pendente lite carrying charges:

• Mortgage payments

• Maintenance fees

• Rent (if applicable)

• Utility costs

This creates the difficult reality of maintaining expenses for two households simultaneously. Nothing absolves this obligation simply because you moved out.

Ready to Navigate Your Divorce Real Estate Issues?

If you're facing divorce and have questions about property division, marital homes, or investment properties, consulting with experienced professionals in both family law and real estate can help you make informed decisions that protect your financial future.