Real Estate Divorce Lawyer Brooklyn

Brooklyn’s housing stock, co-ops, condominiums, and multi-family homes among them, often becomes the most complicated part of a divorcing couple’s property division. Real estate raises questions that other assets do not, including whose name is on the title, whether the property was purchased before or during the marriage, and who will live in the home if children are involved. New York’s equitable distribution law, Domestic Relations Law §236(B)(5), applies to real estate the same way it applies to other marital assets, and Kings County Supreme Court, at 360 Adams Street, Brooklyn, NY 11201, is where these disputes are resolved when spouses cannot agree. One statutory factor addresses this directly: the court considers the need of a custodial parent to occupy or own the marital residence when deciding how the home fits into the overall division of property. Title alone does not decide the outcome. Under DRL §236(B)(1), property acquired by either or both spouses during the marriage is generally marital property regardless of whose name appears on the deed, meaning a home held solely in one spouse’s name can still be subject to division if it was acquired during the marriage. The firm represents Brooklyn clients in divorce cases involving co-ops, condominiums, and other real property, applying this statutory framework to the specific real estate at issue in each case. To discuss how a home or other real property might be treated in your divorce, call (888) 437-7747 to schedule a consultation.

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What a Real Estate Divorce Means in Brooklyn

When real property is involved in a Brooklyn divorce, two statutes work together to determine how it is treated. Domestic Relations Law §236(B)(1) defines marital property as property acquired by either or both spouses during the marriage, before a separation agreement or the commencement of a matrimonial action, regardless of the form in which title is held. This means a home, co-op, or condominium purchased during the marriage is generally treated as marital property even if only one spouse’s name is on the title or the mortgage. Separate property is defined more narrowly: property acquired before the marriage, property received by gift or inheritance from someone other than a spouse, and property acquired in exchange for separate property or through the appreciation of separate property, except appreciation that occurred in part because of the other spouse’s contributions or efforts.

Once real property is classified as marital, it is divided under the equitable distribution factors in Domestic Relations Law §236(B)(5). One factor speaks directly to real estate involving children: the court considers the need of a custodial parent to occupy or own the marital residence as part of the overall division. This does not mean the custodial parent automatically keeps the home, but it is one factor a Kings County Supreme Court judge weighs alongside the marriage’s duration, each spouse’s contributions, and the other statutory considerations that apply to the full marital estate.

For Brooklyn couples, real estate often carries practical complications beyond its legal classification, including co-op board approval requirements, mortgage refinancing, or the logistics of a multi-family property with tenants. These practical issues sit on top of the underlying legal questions of whether the property is marital or separate and how it should be divided or valued once that classification is settled.

How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Real Estate Divorce Cases

Real property is often the single most significant asset in a Brooklyn divorce, and Mr. Sris and the firm’s Of Counsel attorneys begin real estate matters by determining whether a home, co-op, or investment property is marital or separate under DRL §236(B)(1). Because title form does not control that classification, the firm looks at when the property was acquired, how it was financed, and whether any separate-property funds, such as a gift or inheritance, contributed to its purchase or later appreciation.

Once a property’s status is established, the firm applies the equitable distribution factors in DRL §236(B)(5) to determine how it fits into the broader division of the marital estate, including the statutory factor addressing a custodial parent’s need to occupy or own the marital residence where children are part of the family. Mr. Sris’s background in accounting and information systems from George Mason University is applied to the financial modeling these cases often require, including analyzing mortgage balances, refinancing options, and the separate-property contributions that can affect how a property’s appreciation is treated.

The firm also works with clients through the practical steps unique to Brooklyn real estate, including coordinating with co-op boards, addressing existing mortgages, and evaluating whether a property should be sold, refinanced into one spouse’s name, or retained jointly for a period of time. Whether the property is a Park Slope brownstone, a Downtown Brooklyn condominium, or a multi-family home with tenants, the firm approaches each case by first resolving the underlying legal classification before addressing valuation and division.

About the Firm

Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., founded the firm in 1997 and has practiced law since that time. He is a former prosecutor and is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York. His background in accounting and information systems from George Mason University is applied to complex financial and technology-related cases, including the mortgage, valuation, and title issues that often arise in a real estate divorce.

Mr. Sris and the firm’s Of Counsel attorneys represent clients in matrimonial and family law matters throughout New York, including Kings County. The firm practices in property division, real estate matters, custody, and support arising under New York’s Domestic Relations Law, and evaluates each property according to its own acquisition and financing history.

The firm’s principal office is located in Fairfax, Virginia, and the firm does not maintain a physical location in Brooklyn. Clients throughout Kings County are served by appointment, with consultations scheduled in advance by phone. The firm does not offer free consultations; individuals who want to discuss real property in a divorce can call (888) 437-7747 to schedule a consultation.

Frequently Asked Questions

Is a home owned by only one spouse still marital property?
It can be. Under DRL §236(B)(1), marital property includes property acquired by either or both spouses during the marriage, regardless of the form in which title is held. This means a home purchased during the marriage can be treated as marital property subject to division even if only one spouse’s name appears on the deed or mortgage. Title alone does not determine whether real estate is marital or separate. What matters is when the property was acquired and whether separate funds, such as an inheritance, contributed to its purchase in a way that could affect its classification.

What real estate is considered separate property rather than marital property?
Under DRL §236(B)(1), separate property includes property acquired before the marriage, property received by gift or inheritance from someone other than a spouse, and property acquired in exchange for separate property. Appreciation in the value of separate property also generally remains separate, except appreciation that occurred in part because of the other spouse’s contributions or efforts. This exception means that even property that started out separate can become partly marital if the other spouse contributed to increasing its value during the marriage, such as through funding renovations or managing the property.

Does a custodial parent automatically get to keep the marital home?
No. DRL §236(B)(5) lists the need of a custodial parent to occupy or own the marital residence as one factor among many that a Kings County Supreme Court judge considers when dividing marital property. It is not an automatic right to the home. The court weighs this factor alongside others, including each spouse’s income and property, the duration of the marriage, and each spouse’s contributions, before deciding how the marital residence fits into the overall division of the marital estate.

What happens to a co-op or condominium if the couple cannot agree on real estate in their divorce?
If spouses cannot reach their own agreement, a Kings County Supreme Court judge will classify the property as marital or separate under DRL §236(B)(1) and then divide any marital interest in it under the equitable distribution factors in DRL §236(B)(5). Co-ops and condominiums can raise additional practical steps, such as board approval for a transfer or refinancing requirements, but these practical issues sit alongside, not instead of, the underlying legal questions of ownership and division that the statute addresses.

Does the firm offer a free consultation for real estate divorce matters?
The firm does not offer free consultations. If you want to discuss how a home, co-op, or other real property might be treated in your divorce, you can call (888) 437-7747 to schedule a consultation. During that scheduled time, you can review the property’s acquisition history, financing, and any separate-property contributions, and ask how DRL §236(B)(1) and DRL §236(B)(5) may apply to your situation. Because real estate issues vary widely, a scheduled consultation allows the discussion to focus on your specific property.

This page provides general information and does not create an attorney-client relationship. Case results depend on a variety of factors unique to each case. Results may vary.

Attorney Advertising. Law Offices Of SRIS, P.C., principal office: 4008 Williamsburg Court, Fairfax, VA 22032. By appointment. Call (888) 437-7747 to schedule.

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