The contract between a tenant and landlord, whether based on a written lease or a handshake, is one of the most common and important deals. When you or your spouse files for legal separation or divorce, you can agree on the division of marital property and separate property.This guide will walk you through the different types of leases, key legal considerations, and official documents specific to New York. New York is an equitable distribution state, which means that property must be divided as fairly as possible in a divorce. Throughout the transaction you may receive more than one disclosure form. The law may require each agent assisting in the transaction to present you with this. The Clerk will give you an Affidavit to fill out. An Affidavit is your sworn statement that tells the Judge what you need. We compiled this complete guide covering key rental topics like tenant screening, rent payments, evictions, rental agreements, and so much more. Unlike some states, New York does not automatically split marital property in half.