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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27011
Experience:  General practice of law with emphasis in family law.
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My estranged wife and I have been separated 12 years and she

Customer Question

My estranged wife and I have been separated for over 12 years and she has now filed for divorce in Colorado, and I live in PA...she is seeking to ty and get a professional the marital home that I have lived in for all those years paid the taxes on and is actually upside down at this point not a drop of equity, actually under equitable. I found it funny that I need to do a financial disclosure being that we have been selevated for sports long. What are the chances that they will make me buy her out and will it follow PA laws of equitable distribution or Colorado law, whatever that is....she has offered to drop this and have me commit to if and when I sell the home too give 30% of profit to my daughter. What are your thoughts....
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.


This is Samuel.

The court will need to follow Colorado laws since that is where she filed the divorce. Under CO marital property laws, there would be an "equitable" distribution of all marital property. That is whatever was acquired during the marriage.

The fact you have maintained the home for 12 years solely without help from your spouse will be considered. So I suggsest you will want to look at the amount of equity in the home now, and also up and until the time of the separation. You will want to consider a percentage of what she contributed up and until the time of the separation. If that is at least 30 percent, then you might consider her offer. If it is not, then you should try to negotiate with her a lesser percentage.

Expert:  Samuel II replied 1 year ago.

As is stands, a court can order you to buy her percentage out or they can force you into a sale wherein any profit would be split equitably based on her contributions up and until the separation.