When2 people get divorced but can’t agree on dividing up the house, can a judge make the decision on who gets what?

Get Legal Help Today

 Secured with SHA-256 Encryption

When2 people get divorced but can’t agree on dividing up the house, can a judge make the decision on who gets what?

Asked on July 4, 2011 under Family Law, North Carolina

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Usually two people who get divorced do not agree on the division of assets (physical property, personal property, monetary assets, other assets like retirement benefits and even things like medical insurance rights). The judge's divorce decree is a binding order (unless you appeal and take it up the ladder for more). The judge will go through an extensive review of the accounting of the parties, from who earned what when (before marriage and during separation, income is usually considered separate property), if the house was purchased or updated using marital assets, whether debts are to be equally divided or split based upon a percentage. This is why oftentimes divorce proceedings take a long time and parties are constantly filing documentation with the court. If you have minor children, consider this when dealing with the division of assets, who keeps the home (whether one party needs to quitclaim the property and have the other refinance to make the mortgage under one person), and so on. Consider making an inventory of what you want, don't want and what is neutral in your opinion. This will help your divorce counsel advocate for you/negotiate for you and will help the judge, as well.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption