Can I get an uncontested divorce if my soon-to-be-ex-husband agrees to sign over property rights to our house yet remains on the loan?

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Can I get an uncontested divorce if my soon-to-be-ex-husband agrees to sign over property rights to our house yet remains on the loan?

Asked on September 29, 2011 under Family Law, New York

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I think that the term "uncontested" may need to be clarified here. A divorce is uncontested if the terms of the divorce are agreed upon by the parties involved.  This includes property distribution as well as spousal support.  It also includes an agreement as to custody and visitation if applicable but child support is determined by statute and uses work sheets that are submitted by the parties with financial disclosure affidavits. If your ex husband is agreeing to the above - and let me caution you I hope that he is doing so under the advise of counsel because he is giving up a lot for remaining on the hook for the loan - then the courts will not upset the apple cart and order otherwise.  Get legal help here.  Good luck.  


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