Denver, CO asked in Divorce for Colorado

Q: I have been separated from my wife for 14 years, we never got legal divorce. I want to buy a house, what can I do

Is there a legal document she can sign so not to claim on the house

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2 Lawyer Answers
Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Tampa, FL
  • Licensed in Colorado

A: You should get a divorce. Without a divorce, you are still married and the house you purchase would be considered marital property. You could have her sign something saying she waives any interest in the new house, which could be helpful evidence if she later tried to make a claim for it in a divorce. However, unless the document is signed with the formality of a marital agreement or separation agreement, it may not be legally binding. Given the 14 year separation, it's not likely a court would give her anything from that house anyway. Regardless, you should get the divorce done so you can move on with your life with financial clarity.

John Hyland Barrett III
John Hyland Barrett III
Answered
  • Louisville, CO
  • Licensed in Colorado

A: Any property obtained during the marriage is considered marital property, subject to an equitable division. This means a "fair" division, not necessarily an equal division. You should get a divorce.

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