New York rules behind a Buffalo divorce appraisal
Which court reads the report?
In New York, only the Supreme Court can grant a divorce; Family Court cannot. A Buffalo divorce is heard in the Erie County Supreme Court, whose court page lists divorce, separation and annulment proceedings among its cases. The Erie County Family Court deals with matters such as custody, visitation and child support, not the divorce itself.
What date is the house valued at?
New York sets no single valuation date in advance. Under Domestic Relations Law § 236, Part B, subdivision 4(b), the court fixes the date or dates for valuing each asset as soon as practicable after the action begins, and it may choose any date from the day the action was commenced to the day of trial. By the time the appraiser inspects, that date may already be behind you. Your attorney can tell you which date governs, or, if none has been set yet, which date the report should use for now; give us that date on the first call.
What the value settles, and what it leaves to the court
New York divides marital property by equitable distribution; it is not among the community property states listed in IRS Publication 555. Section 236(B)(5)(c) directs that marital property be distributed equitably, considering the circumstances of the case and of each party. Anything either spouse obtained while married, up to a separation agreement or the filing of the action, counts as marital however title is held, unless it qualifies as separate property. Separate property, such as a house acquired before the marriage or inherited or received as a gift from someone other than the spouse, remains separate. So does growth in its value, except to the extent that growth is due in part to the other spouse's contributions or efforts. The factors the court weighs include a custodial parent's need to occupy or own the marital residence and any difficulty in valuing an asset. The appraisal gives an opinion of value for one property on one date; the split, the mortgage and any buyout are for the settlement or the court.
One citywide number cannot value the house
The August 2026 sold-listing figures on our estate appraisals page describe sales across the whole City of Buffalo, with condominiums, townhouses and apartments counted alongside single-family homes. They are background only, and neither spouse can treat them as the value of a particular house on the date the court sets.