Walden, CO Divorce Law Firms & Lawyers

Simple answer is that the law of the place where the divorce occurs is what controls. Place of marriage is totally irrelevant to anything. Generally, the only place where a divorce can occur will be place where they are living at time somebody decides to pursue a divorce. If they separate and move to different states or countries, the question of what law controls the divorce may become complicated and can't be answered until it is a real question - not hypothetical.

The best answer to your question will depend upon certain facts which are not disclosed in your question. For example, is there substantial equity in the house (i.e. value over and above any mortgage or other liens). If so, you can protect yourself by placing a lien on the home which you would not discharge until your ex-husband pays you your money. It is important to do this as soon as possible after your divorce so that your ex-husband does not have the opportunity to take out an equity line or incur any other type of debt which becomes a lien on the property (your lien is superior to any liens that arise after you record, it is subservient to any liens that predate your filing). If there is little or no equity in the house (or at least less than 25K), are there other assets against which you could have a lien to secure your debt? If your judgment has not yet been finalized, you should make sure that there is language in it describing your lien(s). If your name is still on a mortgage, you will also want to make sure that the judgment contains consequents (immediate listing and sale) if your ex-husband defaults on the mortgage payments.

Yes, she can open a separate account (though she could not clean out the other account if she did), but you can ask for temporary maintenance (aka, alimony) in the divorce case to help you with living expenses during the divorce.  You can reach Dave Rich at (303) 886-2516 or dave@flatironlegal.com. Dave Rich is an attorney licensed in Colorado. Answering your questions does not create an attorney-client relationship between us. You should speak with an attorney to whom you have provided all the facts in your case, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.