Title to or Occupancy and Possession of Property

Whether a marriage ends by a divorce, annulment, or declaration of nullity, decisions must be made about how to divide property. If the union is brief, if there is a prenuptial agreement, or if the parting is amicable, the division of property and possession of property may not be complicated. However, division of property and possession of property, as well as allocation of debt are often issues of contention when a couple splits up. New York’s laws related to how property is allocated when a marriage falls apart are complicated. New York does apply the concept of equitable distribution, that takes into consideration many factors. The law also makes it clear that the court has the power to determine who has the right to title to as well as occupancy and possession of property during and after the divorce or annulment proceeding. If you are in the process of ending your marriage, in order to ensure that you legal rights are protected, immediately contact an experienced New York divorce lawyer who has the skill and resources to help you reach your goals.

One of the biggest issues in an action for divorce is division of property. It is also the often the basis for contested divorces. Whether the action is for divorce, separation, or annulment, particularly if it is unclear or if the former couple cannot agree, NY Dom Rel Law § 234 makes it clear that the court has the power to settle questions related to occupancy and title of property. Furthermore, in the final judgment ending the marriage, before the final judgment, or both, the court also has the power to made decisions about possession of property.

1. Required residence of parties: New York Domestic Relations Law, section 230
2. Sequestration of defendant's property in action for divorce, separation or annulment where defendant cannot be personally served: New York Domestic Relations Law, section 232
3. Sequestration of defendant's property in action for divorce, separation or annulment where defendant cannot be personally served: New York Domestic Relations Law, section 233

In any action for divorce, for a separation, for an annulment or to declare the nullity of a void marriage, the court may (1) determine any question as to the title to property arising between the parties, and (2) make such direction, between the parties, concerning the possession of property, as in the court's discretion justice requires having regard to the circumstances of the case and of the respective parties. Such direction may be made in the final judgment, or by one or more orders from time to time before or subsequent to final judgment, or by both such order or orders and final judgment. Where the title to real property is affected, a copy of such judgment, order or decree, duly certified by the clerk of the court wherein said judgement was rendered, shall be recorded in the office of the recording officer of the county in which such property is situated, as provided by section two hundred ninety-seven-b of the real property law.

If you are considering a divorce or annulment, it is important that you contact an experienced New York divorce lawyer for specific information about the process for obtaining a divorce or annulment. With over 20 years of experience representing clients throughout New York in contested divorces, complex property settlements, child custody and child support matters, and with other complications related to ending marriages, the attorneys at the Law Offices of Stephen Bilkis & Associates can help. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Queens, Bronx, Brooklyn, Long Island, Manhattan, Staten Island, Westchester County, Suffolk County, and Nassau County.