How can I make sure that from now on the income earned and property acquired is individual and not joint?

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How can I make sure that from now on the income earned and property acquired is individual and not joint?

Marriage is over and she is OK with an uncontested divorce. However she keeps delaying the paperwork and siphoning money. She has made several gestures before that make me fairly certain she will try to get whatever she can. Due to my work I travel all the time; this makes the process even more difficult. I am planning on buying a house and do not think she should be entitled to any of it. What steps can I take today to make sure that money I am earning and property that I will buy now is mine and not divided between us during divorce?

Asked on September 21, 2011 under Family Law, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

By serving her with divorce papers and filing theaction in court. The courts need a date certain to look at as the date that the marriage was officially over.  And by officially I mean legally not emotionally.  Signing the paperwork or a divorce agreement is one way but if the other party wil not comply, then serving them with divorce papers is generally a good other way.  But here is the thing: the money that you are putting down on the house; was it money that you saved from your salary while you were married?  Then that money is marital property and I would think twice about using it to but the house at this point in time.  Seek consultation from an attorney please.  Good luck. 


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