In your divorce case, the court has jurisdiction over many issues, and property is one of them. The judge has the ability to divide or sell your property. However, there is nothing in the law that says the judge must do this. You are free to decide how you want to divide or allocate your property, or even compensate your spouse for their interest in a property you want to keep.
Not only can you make these decisions, but it’s also a great idea if you’re able to reach an agreement. You can settle on terms and memorialize that in a property settlement agreement, which your attorney can help you draft. This allows you to allocate the property in a way that works best for you, rather than leaving it up to the court.
