Can a judge over rule our decision on how we want “community property” split?

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Can a judge over rule our decision on how we want “community property” split?

Both my husband and I agree on how we want things (community property) to be split. Even though it might appear to be unfair to a third party, we both agree 100%. Is it possible for a judge to over rule our decision and force us to split everything 50/50 in terms of value.

Asked on February 1, 2012 under Family Law, California

Answers:

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

Answered 9 years ago | Contributor

Generally speaking, Judge's prefer that parties come to some form of agreement on their own regarding the splitting of marital property.  It maks their life much easier.  They would also prefer that the parties are each represented by counsel so that their rights have been explained to them prior to signing any agreement. A Judge does have the power to over ride agreements that they think are not properly entered in to but most of the time they sign off on what the partieshave decided. Good luck.


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