Who Gets The Apartment in a NYC Divorce?

One of the most contentious issues in New York City divorces is who gets to keep the apartment. The answer depends largely on whether the home is a rental, co-op, or condo. For rental apartments, if both spouses are on the lease, the court may assign the lease to one party, often considering who has primary custody of the children. If only one spouse is on the lease, they may have the stronger claim, but judges can still take the needs of children or fairness into account.

For co-ops and condos, the property is typically considered marital property if purchased during the marriage, regardless of whose name is on the title. In these cases, the court may order the property sold and the proceeds divided, or one spouse may buy out the other’s interest. If the property was owned prior to the marriage or inherited, it may be treated as separate property, but increases in value during the marriage could still be divided. Because NYC apartments are often the most valuable asset in a divorce, they are heavily scrutinized in court. Having a skilled divorce lawyer to negotiate or litigate these issues is essential to protecting your rights and financial stability.