Who Gets the Apartment in Our Divorce?

Jun 02, 2023

Understanding who gets the apartment after a divorce can be as challenging as the separation process itself. This confusion is even more significant in New York, where matrimonial and real estate laws intersect. Many wonder: who indeed gets the apartment when the marriage ends? Let a Brighton Beach divorce lawyer at Levitsky Law Firm guide you through the complex terrain of this issue.

Division of Property in New York

Understanding how property is divided in a divorce in New York is critical. New York is an ‘equitable distribution’ state, which means that all marital property is divided fairly, though not necessarily equally, during a divorce. This also extends to any shared apartments or properties. However, deciding who retains the right to a shared apartment depends on several key factors.

Four Key Questions

Several questions need to be answered in order to ascertain who has the stronger claim:

  • Did you occupy the apartment before the marriage?
  • Is your name on the lease?
  • Are you living in the apartment?
  • Are you paying the rent?

A ‘yes’ to all these questions puts you in a favorable position. However, the first question is considered the most crucial. A history of sole occupancy before the marriage could tip the scales in your favor.

Our Brooklyn Divorce Lawyers are Here to Help

In the midst of a divorce, understanding who gets the apartment can be an added stressor. But remember, you are not alone. With Brooklyn divorce lawyers, you will be well-positioned to navigate these challenges.

If you are currently facing a divorce and grappling with the question of who retains the apartment, it’s time to turn to professionals who understand your situation. Contact us today for a free consultation. Our knowledgeable Brighton Beach divorce lawyers are prepared to help you navigate through this complex and often emotionally charged issue.