Real Estate Divorce Lawyer Nassau County

Real estate is often the most significant asset a Nassau County couple owns, and dividing a marital residence, investment property, or other real property is a central issue in many divorce cases. Law Offices Of SRIS, P.C. assists clients with real estate issues that arise during divorce, including determining whether a property is marital or separate, addressing restrictions on transferring or encumbering property once a divorce action is filed, and working through how real estate may be divided or sold. Real estate matters connected to divorce are handled through Nassau County Supreme Court. To discuss a real estate divorce matter, call (888) 437-7747 to request a scheduled consultation.

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Marital and Separate Property Rules as Applied to Real Estate

Under Domestic Relations Law § 236(B)(1), real property acquired by either or both spouses during the marriage, and before a separation agreement or the commencement of a matrimonial action, is generally treated as marital property regardless of whose name is on the title. Real property owned by one spouse before the marriage, or received by gift or inheritance from a third party during the marriage, is more likely to be treated as separate property, though this can become complicated if marital funds or one spouse’s efforts contributed to the property’s mortgage paydown, improvements, or increase in value. These are fact-intensive determinations that often require a close look at how a specific property was acquired, titled, and maintained throughout the marriage.

Automatic Orders and the Marital Residence in a Nassau County Divorce

Once a matrimonial summons is filed and served in New York, Domestic Relations Law § 236(B)(2)(b) triggers statutory “automatic orders” that take effect without a separate judge’s order. These automatic orders restrain both spouses from selling, transferring, or encumbering real or personal property, individually or jointly held, without the other spouse’s written consent or a court order, except for usual course of business, customary household expenses, or reasonable attorney’s fees. The automatic orders also restrict transferring or withdrawing retirement or pension funds, incurring unreasonable debt, and changing insurance coverage or beneficiaries until judgment. Separately, when a court applies the equitable distribution factors under Domestic Relations Law § 236(B)(5), one of the enumerated factors is the need of a custodial parent to occupy or own the marital residence and to use or own its household effects. Real estate and divorce matters in the county are filed in Nassau County Supreme Court, located at 100 Supreme Court Drive, Mineola, NY 11501, part of the 10th Judicial District. The Law Offices Of SRIS, P.C. does not guarantee any particular outcome regarding the division, sale, or retention of real property in a divorce.

Common Real Estate Issues in a Nassau County Divorce

Divorcing spouses who jointly own real estate in Nassau County typically face one of several outcomes for the property: the residence may be sold and the net proceeds divided, one spouse may buy out the other’s interest and refinance the mortgage into their own name, or, in some cases involving minor children, the parties may agree to defer sale for a period of time. Which option is appropriate depends on the equity in the property, each spouse’s ability to qualify for financing individually, and the factors a court would apply under Domestic Relations Law § 236(B)(5) if the issue is contested rather than resolved by agreement. Because the automatic orders under Domestic Relations Law § 236(B)(2)(b) restrict transferring or encumbering real property once a divorce action is filed, any sale, refinance, or transfer involving jointly held real estate generally requires the written consent of both spouses or a court order while the action is pending. Investment or rental properties owned by the couple raise similar marital-versus-separate property questions and are subject to the same automatic orders.

About Mr. Sris and the Firm’s Of Counsel Attorneys

Mr. Sris is the Owner and Founder of Law Offices Of SRIS, P.C. and a former prosecutor. He is admitted to practice law in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris attended George Mason University, where he developed a background in accounting and information systems. The firm was founded in 1997 and has been practicing family law matters, including real estate issues in divorce, since that year.

The firm’s Of Counsel attorneys also assist clients with real estate divorce and other family law matters in Nassau County and throughout New York. Law Offices Of SRIS, P.C. does not offer free consultations; prospective clients may request a scheduled consultation by calling the firm’s intake line, which is staffed 24/7. The firm does not maintain a physical location in Nassau County, and its principal office is in Fairfax, Virginia, available by appointment.

Frequently Asked Questions

Can my spouse sell our house once a divorce is filed?

Generally, no, not without written consent or a court order. Domestic Relations Law § 236(B)(2)(b) creates automatic orders upon filing and service of a matrimonial summons that restrain both spouses from selling, transferring, or encumbering property, subject to limited exceptions.

Is the marital home always divided equally?

Not necessarily. Domestic Relations Law § 236(B)(5) requires equitable, not automatically equal, distribution, and one specific factor courts consider is the need of a custodial parent to occupy or own the marital residence.

Is a house purchased before marriage considered marital property?

It can remain separate property under Domestic Relations Law § 236(B)(1), but this can be complicated if marital funds or the other spouse’s contributions increased the property’s value during the marriage.

What are New York’s automatic orders in a divorce?

Automatic orders under Domestic Relations Law § 236(B)(2)(b) take effect automatically upon filing and service of the divorce summons, restraining both spouses from transferring property, withdrawing retirement funds, incurring unreasonable debt, or changing insurance beneficiaries until judgment.

Where are real estate issues in a Nassau County divorce decided?

Real estate and equitable distribution issues connected to divorce are addressed in Nassau County Supreme Court, located at 100 Supreme Court Drive, Mineola, NY 11501, part of the 10th Judicial District.

Does the firm offer a free consultation for real estate divorce matters?

No. The firm does not offer free consultations. Prospective clients may call (888) 437-7747 to request a scheduled consultation.

Does the firm maintain an office in Nassau County?

No. The firm does not maintain a physical location in Nassau County. The firm’s principal office is in Fairfax, Virginia, and is available by appointment.

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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