Property and debts in a divorce

Part of your divorce involves dividing your property and debts and getting a formal order from the court about these issues.

A judge has to approve how you’ll divide your property and debts 

Part of your divorce involves dividing your property and debts. Property is anything you can buy or sell or has value. For example, a house, car, or furniture. It’s also things like a bank account, pension, 401k, or stocks.  

Even if you divided everything informally when you separated, a judge still needs to make a formal order about these issues. This doesn’t mean you have to go to court. A judge could formally approve an agreement you and your spouse write up. If you can't decide, a judge can decide for you at a hearing or trial.  

Until you have a court order, any property or debt from your marriage still belongs to both of you. 

This is true no matter who is using it or who has it with them. The same is true of debts.