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#771961 - 06/11/16 05:16 PM what is community prop after 5 year separation
Jwalkerrt Offline

recently joined

Registered: 06/11/16
Posts: 1
Hello,

My ex and I have been separated for 5 to 6 years now. We haven't lived together since then. We have a daughter whom I pay child support through an order based upon our separation that is garnished from my paycheck which is fine by me.

Now the issue is community property. We filed divorce papers about a year ago to which my ex was supposed to submit them due to her ability to file for indigent status thus avoiding the $400 fee. Well after a ton of excuses, I finally discovered that she never filed so I'm in the process of attempting to retrieve the notarized documents.

Now on to the most pertinent part. My girlfriend and I have been living together going on 2 years now. We currently rent but are very interested in finding a home to buy. She has her reservations based on the legitimate fear that if my name is on the loan, my ex could technically acquire half of this house.

I was reading about community property and especially a house and it seems as if said property was purchased without marital assets, my ex would not be entitled to this property but I'm not positive in this respect.

Can someone elucidate on how this works especially considering we have been separated that this long and also since my girlfriend will be on the loan for the house also.

Thank you

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#771962 - 06/12/16 01:36 PM Re: what is community prop after 5 year separation [Re: Jwalkerrt]
MinnesotaMom Offline

old hand

Registered: 01/05/11
Posts: 792
Get divorced first. It's the only way to avoid possible future litigation, which could cost a fortune in legal fees.

Non-contested divorce only takes a few months.

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