My wife filed for divorce and is getting half of my 401k and half of my retirement and she getting her car. I have asked for only the house and my car. But she also wants the house, but I can afford to keep the house but she cannot. There is no kids involved. I know I will have to buy her out if I happen to be reward the house. What are my chances of the judge awarding me the house, when my wife is receiving more of the financial assets?
Answer
You two can agree to divide the property in almost any way you want. If the property settlement is agreed by both spouses then a judge will rarely reject the agreement.
It sounds like a pretty bad deal for your wife. She is entitled to half of the marital portion of your retirement accounts and half the house. She's getting a lot less in that arrangement than she should. If both of you are represented by counsel the judge may question her understanding of the property division, especially because she will still be on the hook for the mortgage.
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