Can a judge enforce equal division of property upon divorce even if couples agree to split it otherwise ?

Question

if my wife and i agree that i keep the house or whatever property we acquired during our marriage can a judge (texas)rule and enforce otherwise?

Answer 1

Yes, a judge can do that, but it would be rather unusual, if both of you agree ahead of time to a split. A judge, however, might see that you are taking advantage of your wife in such a situation, and demand a more equitable split.

Answer 2

Yes, a divorce attorney. And, they would have to amend the divorce/separation agreement to be very specific about who pays what to whom. Many times I have heard of agreements like this where the party living in the home pays the entire mortgage, with the other party's half of the mortgage being paid as "rent" to live there. However, they should have to split the cost of any maintenance and upkeep, because they are co-owners of the property.

Answer 3

regardless if it is a community property state, if the two of you agree then the two of you write, sign and file a joint stipulation with the clerk of the courts. this is for post divorce decree. if it is pre divorce decree then still file( at this time it will be called a joint motion not stipulation) joint motion. make it simple on the two of you and the judge. file everything the two of you agree to all in one stipulation/motion. the bottom line is if you both agree then the judge has no ruling to make it is then entered and make a true and binding order. the judge is there to rule when there is conflict not "agreements" so long as no laws have been broken , in you're case i see there to be none

Answer 4

Yes they can, and I'll tell you why.

Sometimes a judge may consider the agreement too one-sided, which may suggest that coersion has taken place that isn't coming out in court.

I'm not saying that is the case, but is a good reason why they may order differently.