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My question relates to events occurring in Denver, CO. I am…

My question relates to...

My question relates to events occurring in Denver, CO. I am in a same-sex marriage for 2.5 years although he and I have been together for 22 years. Our marriage has been rocky to say the least and we probably should have gotten divorced several years ago - but that is not my immediate concern. My frantic request is to find out if there is any precedent for me to obtain some jind of court order giving me 100% poa over my finances in joint tenancy with my husband. For the entirety of our relationship my spouse has NEVER worked. There were various excuses over the years, he was an alcoholic so severe that it resulted in heavy violence and hostility in our peaceful home...that my relocation over and over did not provide him stability etc. I lost my strong six figure job in Denver in 2011 and needed to begin working out of state to go where the jobs and money were. I went to Tucson and Springfield, IL and Omaha. Most recently, in Omaha, I lost my job again and this time I am having trouble finding a replacement. Money rapidly dwindled and we began living on credit cards. We are now 100k in debt. We do, however, we have 200k in home equity. My simple solution is to sell house pay off cc and split the rest. My spouse does have a history of issues related to behavioral, emotional issues. I have been locked out of my house so I cant even get in to prep the house. MY SPECIFIC QUESTION IS:

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Nebraska

Lawyer's Assistant: Has anything been filed or reported?

No

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Ive been counseled on my house and debt issues by multiple agencies debt agencies divorce.by going the route of filing for divorce first. While I understand that, I would rather go to an atty that can prepare a temporary stay of

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Answered in 6 hours by:
3/5/2018
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 22,356
Experience: B.A.; M.B.A.; J.D.
Verified

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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I am so sorry to read about your difficulties.

Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

Kindly give me a few minutes to prepare my response.

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Your "Specific Question" was cut off.

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Customer reply replied 4 months ago
OK I will synopsize...I am in a same sex marriage. Colorado. I have been married for 2.5 years but we have been together for 22 years. Our relationship has been rocky since the beginning, marred by alcoholism, drug abuse, financial volatility, job transfers, in-law problems etc. I was the bread winner for the entire duration. He did not work. Today, we have reached the level of divorce. He is being contentious. He is squatting in our home and has filed a Restraining order against me. His reasoning was that I have been threatening him. Yes, I may have gone out of my mind busting my hump working while he does very little...but it is me just blowing of steam. I lost my job in 2011 and moved out of the state for six years for work and came back to the locked doors. All this to put a roof over his head. I have ;lost my job once again and we have rapidly gone into debt to the tune of 110k. It is all cc debt. However, we have tremendous gains in our house - probably 250k. All I want to do is sell the house, payoff the debt and split what's left and get divorced.He has barricaded himself in the house. I have resorted to driving for Lyft 18 hours a day to keep current on all the payments while living out of a hotel with my mom...who lived with me while I was out of state. I feel as if my husband has such severe behavioral and emotional problems he is not thinking startegically as we could execute all of these transactions ourselves and not tie up the court and kill all our profits using attorneys. He has a history of psychiatric disorders and I do not feel like he is dealing with even his own best interest. Can I get a temporary POA to take care oif financial transactions where we are joint tenants based on him possibly not dealing with a sound mind?

Thank you for the information.

I am sorry for the delay in getting back to you. I was offline when your response came in.

Kindly give me a few minutes to review the information that you have provided and prepare my response.

Thank you for your patience.

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Your Question:

Can I get a temporary POA lto take care oif financial transactions where we are joint tenants based on him possibly not dealing with a sound mind?

Response: Unfortunately, you cannot because he is the one that can grant you POA to act in his interest. The Court cannot grant a POA. If he is not thinking rationally, then it is unlikely for him to give you one.

Also, Guardianship, which is issued by the Court where you can have control of his person and his assets and then act on his behalf would not apply since he already has a Restraining Order against you. The Court cannot appoint you a Guardian of a person that you have allegedly put in fear imminent physical harm, which is the primary basis for granting of Restraining Order. Thus, your viable option here would be to proceed with the divorce and then file Motion with the Court for permission to put the marital home on the market and split the proceeds as part of your divorce.

Click here for divorce forms and instructions.

https://www.courts.state.co.us/Forms/SubCategory.cfm?Category=Divorce,

Best wishes,

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site.

Thank you for your cooperation.

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Family Law
Satisfied Customers: 22,356
Experience: B.A.; M.B.A.; J.D.
Verified
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