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Difference between revisions of "Dividing Property and Debts"

From Clicklaw Wikibooks
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==Can spouses agree to an unequal division of family property and family debt?==
==Can spouses agree to an unequal division of family property and family debt?==
Yes. Spouses can agree to an unequal division of property and debt in a separation agreement or by an order that they both agree the court should make, called a “consent order,” or they might have made a marriage agreement or cohabitation sorting out their interests in excluded property or family property when they got married or began to live together.
Yes. Spouses can agree to an unequal division of property and debt in a separation agreement or by an order that they both agree the court should make, called a “consent order,” or they might have made a marriage or cohabitation agreement sorting out their interests in excluded property or family property when they got married or began to live together.


The court cannot order a division of property and debt different than a valid marriage agreement or cohabitation agreement requires unless the agreement is overruled. For more information on marriage agreements and cohabitation agreements, refer to script [[Marriage Agreements and Cohabitation Agreements (Script 162)|162]] on “Marriage Agreements and Cohabitation Agreements”.
The court cannot order a division of property and debt different than a valid marriage agreement or cohabitation agreement requires unless the agreement is overruled. For more information on marriage agreements and cohabitation agreements, refer to script [[Marriage Agreements and Cohabitation Agreements (Script 162)|162]] on “Marriage Agreements and Cohabitation Agreements”.
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