Up until now, the suggestion of your facts was that you and your husband resided in TX during marriage. It appears that everything is now different. So, I shall try again.
If you resided in CO during marriage, then CO law controls, regardless of where you later moved independently to TX, and regardless of where your property is located.
The legal separation agreement is enforceable under CO law, which means that if the payment to you was alimony, then it would be taxable income to you. However, generally, a lump sum payment claimed as alimony will be disallowed by the IRS
, because alimony is considered ongoing payment, not a lump sum settlement.
If the separation agreement provided for division of property, and the court entered the agreement as part of a final divorce judgment, then the separation agreement as to property controls, even if the property described in the agreement is located in TX.
If the agreement does not divide a particular property, then you can ask the CO family court to divide it now. You can also ask the court to set aside the divorce decree on grounds of fraud or mistake, if you were tricked into not appearing so as to defend your rights.
You will need a CO family law attorney. For a referral, see this link.
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