New York Consolidated Laws

N.Y. Domestic Relations Law § 234 (2026)

Title to or occupancy and possession of property

✓ current as of May 2026

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§ 234. Title to or occupancy and possession of property. 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.

Notes of Decisions

Cited in 111 cases (8 in the last 5 years), 1984–2025 · leading case: Boronow v. Boronow, 519 N.E.2d 1375 (NY 1988).

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Boronow v. Boronow, 519 N.E.2d 1375 (NY 1988). · cites it 7× “The discretionary authority reposed in the courts under Domestic Relations Law § 234 is not to the contrary and may not be read as conferring unilateral and unfettered options on parties in this respect.”

El-Dehdan v. El-Dehdan, 41 N.E.3d 340 (NY 2015). · cites it 2× “protect (the) expectancy (of spouses in marital property) pending equitable distribution, to maintain the status quo, and to prevent the dissipation of marital property, the court must be able to issue orders to ensure that such marital property is protected should it later…”

Sprole v. Sprole, 145 A.D.3d 1367 (N.Y. App. Div. 2016). “Nor can we conclude, under the particular circumstances presented herein, that Supreme Court abused its discretion in ordering that the home be sold at a public auction in the event that it remained on the market for *1372 six months (see Domestic Relations Law § 234; Hickland v…”

Cudar v. Cudar, 98 A.D.3d 27 (N.Y. App. Div. 2012). · cites it 6× “The Supreme Court concluded that even though the apartment leasehold was not readily distributable under the equitable distribution statute, the court could determine which party should retain possession of the apartment pursuant to Domestic Relations Law § 234, which permits…”

Rakowski v. Rakowski, 109 A.D.2d 1 (N.Y. App. Div. 1985). · cites it 5× “*5 Clearly, the record herein supports the conclusion that the instant action was commenced in order “to determine title issues that could have been, but were not, raised in the matrimonial action” (Scheinkman, 1982 Practice Commentary, McKinney’s Cons Laws of NY, Book 14,…”

Beran v. Beran, 8 Misc. 3d 546 (N.Y. Sup. Ct. 2005). · cites it 15× “Domestic Relations Law § 234, entitled “Title to or occupancy and possession of property,” reads in pertinent part: “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…”

Nederlander v. Nederlander, 102 A.D.3d 416 (N.Y. App. Div. 2013). · cites it 3× “Domestic Relations Law § 234 empowers the court to “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.”

Drazal v. Drazal, 122 A.D.2d 829 (N.Y. App. Div. 1986). · cites it 5× “In a matrimonial action, Special Term, under the proper circumstances, has the authority to issue preliminary injunctions aimed at the preservation of the marital assets pending equitable distribution (see, Monroe v Monroe, 108 AD2d 793 ; Carella v Carella, 106 AD2d 601, 603 ;…”

Kattan v. Kattan, 2022 NY Slip Op 00856 (N.Y. App. Div. 2022). · cites it 2× “, 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…”

Angelo v. Angelo, 130 Misc. 2d 583 (N.Y. Sup. Ct. 1985). · cites it 3× “Domestic Relations Law § 236 (B) (5) (f) provides that in addition to the disposition of property as set forth in Domestic Relations Law § 236 (B) (5) (a), the court may make such order regarding the use and occupancy of the marital home and its household effects as provided in…”

Billips v. Billips, 189 Misc. 2d 144 (N.Y. City Civ. Ct. 2001). · cites it 3× “) The second remedy available to a locked-out spouse is the relief, interim or permanent, afforded by Domestic Relations Law § 234. Entitled “Title to or occupancy and possession of property,” Domestic Relations Law § 234 provides that in any action for divorce or separation,…”

Taub v. Taub (In Re Taub), 427 B.R. 208 (Bankr. E.D.N.Y. 2010). “Domestic Relations Law Section 234 governs proceedings concerning the occupancy and possession of the marital home and provides that in a divorce action: [T]he court may (1) determine any question as to the title to property arising between the parties, and (2) make such…”

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