Selling a Marital Home in New York Divorce — What You Need to Know
New York is a marital-property (community-property) state under RPAPL Chapter 767, which means marital property — including your home — is presumed to be divided equally (50/50). A court can deviate from an even split based on factors like the length of the marriage, each spouse's economic circumstances, and contributions to the marriage, but the equal-division presumption is the starting point. That framework is more predictable than equitable-distribution states, though the family home can still be a major point of disagreement.
When both spouses agree to sell the home and split proceeds, the process is straightforward. When they don't, things get complicated — and expensive. A contested property dispute in Westchester County Family Court can add months and tens of thousands in legal fees to an already difficult process.
The Three Paths for the Marital Home in a NY Divorce
Path 1: One Spouse Buys Out the Other
If one spouse intends to stay, they buy out the other's equity share and refinance the loan into their name alone. The catch: that spouse has to qualify for the mortgage solo, which is tough when the household previously leaned on both incomes. Buyouts require a formal appraisal (NY courts typically order an independent appraisal), and both spouses' attorneys must approve the terms. This is often the slowest option.
Path 2: Defer Sale (Typically for Children)
With minor children, a judge may let one parent stay until the kids turn 18 or finish high school. Both spouses usually stay on the mortgage in the meantime — keeping them financially tied together — and pre-agree how to divide equity at the eventual sale. It can stretch on for years and demands continued cooperation, which divorce tends to be short on.
Path 3: Sell the Home and Split Proceeds
This is the cleanest route — it cuts the financial ties entirely, turns the house into cash that's simple to split, and frees both people to move on. The hitch is timing: a conventional listing runs 60–90-plus days and needs both spouses cooperating on showings and repairs, prolonging the very uncertainty you're trying to end. A cash sale to us collapses all of that into one step.
How a Cash Sale Streamlines a Divorce Property Settlement
We can work with one or both parties — and coordinate with divorce attorneys as needed.
No repeated showings. No strangers walking through the home during an emotional time.
NY law requires both title owners to sign. Your attorneys can review the agreement before signing.
Settlement proceeds are disbursed per the separation agreement — either equally or as directed by court order.
The mortgage is paid off at closing. Both parties are released from obligation — clean break.
New York Transfer Fee in Divorce Sales
New York charges a real estate transfer fee of $3 per $1,000 of value (0.3%), normally paid by the seller — there are no county or municipal add-on transfer taxes. Under RPAPL §77.25, transfers between spouses incident to divorce — including a buyout pursuant to a court order or settlement — are generally exempt. A sale to a third-party buyer is not exempt, but the fee is modest and, in a cash sale to Simply Sold RE, we cover all closing costs.
What Happens When Spouses Can't Agree — Partition Actions
If you and your spouse cannot agree on what to do with the marital home and a court hasn't yet ordered a specific outcome, either party can file a partition action in the New York State Supreme Court. In a partition action, the court can order the property to be physically divided (nearly impossible for a house) or — more likely — order it sold at public auction. Partition sales at auction almost always yield below-market prices. This is the worst outcome for both parties' equity.
Calling Simply Sold RE before reaching partition action preserves equity, saves legal fees, and lets both parties control the timeline and terms rather than leaving it to a court.
the Hudson Valley Area Resources for Divorcing Homeowners
Westchester County Family Court
New York State Supreme Court, Family Division
westchestergov.com
Southeast NY Legal Aid
(855) 466-3456 · legalaction.org
Free or low-cost family law assistance for qualifying Westchester County residents.
Westchester County Bar Association Referral Service
(800) 342-3661
Referrals to qualified family law and real estate attorneys in the Hudson Valley area.
End Domestic Abuse New York — the Lower Hudson Valley
(800) 799-7233 · endabusewi.org
Advocacy, legal referrals, and housing resources for those going through divorce in the Lower Hudson Valley.
Why Simply Sold RE Works Well for Divorce Property Sales
We've worked with divorced and divorcing sellers across the Hudson Valley and White Plains Counties many times. We understand the emotional weight of selling a family home and the logistical difficulty of coordinating between two people who may not be on speaking terms. We can communicate separately with each party, coordinate directly with divorce attorneys, and close on a timeline that aligns with your settlement agreement. No showings, no repairs — just a clean, fast close that lets both of you move forward.
New York Divorce Law and the Family Home — What Courts Actually Do
Westchester County divorce cases are handled by the New York State Supreme Court — Family Division . New York is a no-fault divorce state under RPAPL Chapter 767 — the only ground is that the marriage is irretrievably broken. The division of marital property — including the home — follows New York's equal-division presumption regardless of which party sought the divorce.
Key New York rules that affect the family home:
- Marital vs. separate property: The home is marital property if it was acquired during the marriage, even if only one spouse is on the deed. Equity built during the marriage belongs to both parties. Pre-marital equity (if you owned the home before marrying) may be treated as separate property.
- Date of separation matters: New York courts use the date of separation to determine what is "marital" vs. "post-marital" — appreciation after separation may be treated differently.
- You don't need a final divorce decree to sell: Both spouses can agree to sell the home and split proceeds at any point during the divorce process — even before the divorce is finalized. This is often the fastest resolution.
- Forced sale via court order: If one spouse refuses to cooperate with a sale the court has ordered, the court can appoint a special master to execute the sale on behalf of the estate — but this process takes months and costs tens of thousands in legal fees.
Quitclaim Deeds in New York Divorce Sales
When one spouse buys the other out, or the court grants the home to one party, the leaving spouse's interest is usually moved with a quitclaim deed — which transfers only whatever interest that person holds and guarantees nothing about clear title. Selling to a third party like us instead uses a standard warranty deed, and both spouses sign it at closing.
New York's real estate transfer fee is $3 per $1,000 of value (0.3%), with no county or municipal add-ons. Under RPAPL §77.25, transfers between spouses incident to divorce are exempt when made pursuant to a court order or a settlement executed in contemplation of divorce. When selling to a third party, the standard transfer fee applies — but in a cash sale to Simply Sold RE, we cover all closing costs.
Protecting Your Equity During a Contentious Divorce
In a contested split, one spouse sometimes works the property against the other — letting it fall into disrepair, neglecting upkeep, or piling on debt against it — New York courts can issue injunctions to prevent "dissipation of marital assets." If you believe your spouse is deliberately damaging or neglecting the property, your divorce attorney can seek emergency relief.
A cash sale to Simply Sold RE can resolve much of this risk: once both parties sign the purchase agreement, the property is under contract and proceeds are split at closing by the title company. Neither party can access the equity unilaterally once the transaction is in process.
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Real Properties We've Purchased
These are actual homes we've bought across the Lower Hudson Valley — not stock photos or hypotheticals. Click any project to see the full story.
Seller was on vacation when the original deal fell apart. Needed a clean, certain close with no complications. We stepped in and closed as-is.
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Son acting as POA needed a clean exit with no disclosure burden. We bought the vacant property as-is — full contents, no cleanout required.
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