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

Get Legal Help Today

 Secured with SHA-256 Encryption

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 10 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. 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption