Legal separation with property settlement agreement in place however have since moved to community property state, what about assets acquired after the move?

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I have been legally separated since 2003; have a property settlement agreement in place. I have moved from KY and am buying a home in a community property state. What are the legal ramifications ?

Asked 11/18/2009 under Divorce, Marriage, Alimony | 468 View(s) | More Legal Topics

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Divorce, Marriage, Alimony Law Answers

Generally property is commonly divided as of the date of separation.  You have a property agreement in place that I assume spells out your joint property clearly and clearly divides it as well.  If it was drafted well it may also contain a provision that states that property acquired after the agreement is signed - and that does not use marital assets to do so -  is not considered marital property for distribution purposes.  Check your agreement. If you would be using marital assets to buy a house, those marital assets are part of the total pot you will be dividing. You should consult with an attorney so you can understand how your assets would be divided. If yo have an agreement in place the status of the pproperty state should not matter.

You have been legally separated for a long time.  You seem to be moving on with your life.  It may be in your best interests to take the next step and finalize your divorce so that this issue does not come up again.  Good luck.

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