Pro Se NetworkWho keeps the house in a New York divorce?
For most couples the home is the largest thing they own together. In an uncontested divorce, the two of you decide. Here is how New York thinks about it, so you decide with your eyes open.
In this guide
Marital or separate?
New York divides property by equitable distribution (Domestic Relations Law §236(B)). The first question is whether the home is marital or separate property.
- Marital property is generally anything either of you acquired during the marriage, no matter whose name is on the deed.
- Separate property generally includes what one of you owned before the marriage, and inheritances or gifts from someone other than your spouse.
- A home that started as separate property can still have a marital part. For example, if it went up in value because of the other spouse’s contributions or efforts, that increase may be shared.
“Equitable” does not mean “equal”
If a judge decides, the split is what is fair given a list of factors in the law, such as the length of the marriage, each person’s income and contributions (including caring for the home and children), and where the children will live. In an uncontested divorce you skip that fight by agreeing on the outcome yourselves.
The three usual outcomes
- One spouse keeps it and buys the other out, often by refinancing the mortgage into their own name and paying the other their share of the equity.
- You sell and split the proceeds. See selling the house during a New York divorce.
- One spouse stays for a set time, often until the children finish school, and the home is sold or bought out later on terms you write down now.
Keep, sell, or stay for now?
Tap an option to see what you two would need to agree on in writing.
One of you keeps it and buys the other out
- Who keeps the home, and how much the other spouse is paid for their share of the equity.
- The deadline to refinance the mortgage into the keeper's name. A divorce alone does not take anyone off the mortgage.
- Who pays the mortgage, taxes and insurance until then.
- What happens if the refinance does not happen by the deadline.
- Signing and recording a new deed to carry out the agreement.
You sell and split the proceeds
- 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.
- Once a case is filed, the automatic orders require your written consent (or a court order) to sell. See selling during a divorce.
One of you stays for a set time
- How long, for example until the children finish school.
- Who pays the mortgage, taxes, insurance and repairs while one of you lives there.
- Whether the home is then sold or bought out, and on what terms, written down now.
- What happens if circumstances change before that date.
What a divorce does not do
- It does not take anyone’s name off the mortgage. Only the lender can release a borrower, usually through a refinance.
- It does not by itself change the deed. If one spouse keeps the home, a new deed is normally signed and recorded to carry out the agreement.
Write the plan for the house into your settlement agreement in plain terms: who keeps it, who pays what until then, the deadline for any refinance, and what happens if it does not happen.
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Jeremy walks you through New York's uncontested divorce forms in plain language. Document preparation is free. The only required cost is the court's own filing fee, and you may qualify to have that waived.
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- N.Y. Domestic Relations Law §236 (marital and separate property, equitable distribution)
- NY Courts: Uncontested divorce overview
Last reviewed 2026-10-16. Laws and fees change; confirm with the court before you file.