Can the couple decided how to handle property and debt in the divorce or does the court solely decide?

Seeking divorce from husband of 21 yrs; spouse has lots of debt, none with my name. We have a 2 flat building that he inheirted when his mother passed in 01; the deed is in his name BUT the mortgage is in my name solely; he resides on one floor and I reside on the other floor. Our two children (19 and 20) college students live at home in both areas but primarily with me and I financially support them alone. I would like continue our living arrangement BUT to have a court rule his 1/2 of the mortage be auto deducted from his pay & go directly to the me or the mortgage company and we both file the joint ownership of the property on our separate taxes and I not be required to pay any of his debt and add my name to the deed and we co-own the property. Would the court let me do this?
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Answers (1)

Patrick Byron Markey

Patrick Byron Markey

Contributor Level 4
The court will allow a couple to decide property and debt issues on their own. However, if the court finds the agreement to be unconcionable (meaning, it is really, really bad for one party, or illegal) then they will not approve it. Contact me if you would like to discuss your situation.
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