Selling the house during a New York divorce.

The automatic orders

When a divorce is filed in New York, automatic orders take effect (22 NYCRR §202.16-a). They bind the spouse who files when the summons is filed, and the other spouse once served with the summons and the notice of automatic orders. Among other things, neither spouse may sell, transfer or borrow against property, including real estate held in either name or jointly, without the other spouse’s written consent or a court order. The orders last until the judgment is entered or the case ends.

So a sale during the case is allowed when you both agree in writing. Do not list or sign anything on your own.

Agree on these before you list

• The asking price, and who decides on offers.
• Who pays the mortgage, taxes, insurance and repairs until closing.
• How the proceeds are split, and whether they are held in escrow until the divorce is final.
• Who stays in the home while it is on the market.

Put the plan in writing, and make sure your settlement agreement matches it.

Taxes: ask a professional

Federal tax law can exclude a large part of the gain on the sale of a main home if ownership and use tests are met, and whether you sell before or after the divorce can change how you file. These rules have conditions, so ask a tax professional before you choose the timing.

If you need a broker

Pro Se Network is run by a New York licensed real estate broker. If you want help selling, you can ask Jeremy to connect you. It is completely optional and never required to use the free divorce help.

Sources

• 22 NYCRR §202.16-a, automatic orders (as quoted by the Appellate Division)
• Sykes v Sykes (NY Sup Ct 2012): purpose of the automatic orders
• WomensLaw.org: automatic orders in New York

Last reviewed 2026-10-16. Laws and fees change; confirm with the court before you file.

Keep reading

• How to Get an Uncontested Divorce in New York for FreeA plain-language walkthrough of a New York uncontested divorce: who qualifies, the forms, the steps, and what it really costs (free help; about $335 in court fees, which can be waived).Start here · 2 min read →
• New York Divorce Court Fees (About $335) and How to Get Them WaivedWhat New York charges to file an uncontested divorce, what each fee is for, and how to ask the court to waive the fees if you cannot afford them.Costs · 2 min read →
• Who Keeps the House in a New York Divorce?How New York decides what happens to a home in a divorce: marital vs. separate property, equitable distribution, buyouts, selling, and what a divorce does not do to your mortgage.The house · 2 min read →