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Separation While Living Together

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aurias

Junior Member
First of all, I'm sure this topic has been brought up before, but I could not find an example in the forums. I apologize if there's a well known instance to reference that I missed.

I live in KY, and I've been married for 7 years. No children from the marriage. In December of 2016 we began discussing getting a divorce, due to our slow realization that we are (or have grown into) very different people with different interests in life. Simply put: We aren't compatible, even with our easy going personalities. We came to the decision as two adults talking respectfully and logically. In February of this year, our final decision was made to file for a divorce. We stopped sleeping together (literally and figuratively - I'm on the couch), have had separate bank accounts since late last year, we're getting along fine, and we wanted to handle the divorce ourselves. KY has a "self help" packet the outlines all required documentation. Here's where it gets complicated in some sense:

She needs to be removed from the deed on our house. I have the mortgage in my name entirely. To do this, we need to file a Quitclaim. She is also trying to get a mortgage herself, so that she can buy a place. We've already divided everything we want to divide. To be frank, we want the divorce finalized as soon as possible. We put down a date of 2/17/2017 for our separation date on the initial filing. Now we're to the second part of filling out the finalization of dissolution of marriage. It has statements such as "we have been living apart and separately since this date..." We're still in the same house, but we both agree that we were separate in February. I feel like we could get into a lot of trouble by just putting down the date as 2/17/2017, and it is found out that she still lives in my house. I've heard of cases where judges will allow separation in the same home, provided proof of some sort that we're actually separate.

Will we be able to use our separation date? It seems silly that we'd have to wait until she has found a place (which I'm not even sure how that works with her getting a mortgage while married - I thought I'd be required to sign, same as she did) to lock in separation. We're two level headed, responsible adults that have made a decision to part ways, but she needed a place to stay temporarily to build up financials. Surely this isn't out of the ordinary.
 


xylene

Senior Member
Each each need to see a family law attorney.

Each getting your own attorney does not make the divorce non-amicable.

At the very least, as the one with the morgage only by the split deed, YOU need to talk to an attorney about where you stand. And no you don't need to tell her.
 

latigo

Senior Member
First of all, I'm sure this topic has been brought up before, but I could not find an example in the forums. I apologize if there's a well known instance to reference that I missed.

I live in KY, and I've been married for 7 years. No children from the marriage. In December of 2016 we began discussing getting a divorce, due to our slow realization that we are (or have grown into) very different people with different interests in life. Simply put: We aren't compatible, even with our easy going personalities. We came to the decision as two adults talking respectfully and logically. In February of this year, our final decision was made to file for a divorce. We stopped sleeping together (literally and figuratively - I'm on the couch), have had separate bank accounts since late last year, we're getting along fine, and we wanted to handle the divorce ourselves. KY has a "self help" packet the outlines all required documentation. Here's where it gets complicated in some sense:

She needs to be removed from the deed on our house. I have the mortgage in my name entirely. To do this, we need to file a Quitclaim. She is also trying to get a mortgage herself, so that she can buy a place. We've already divided everything we want to divide. To be frank, we want the divorce finalized as soon as possible. We put down a date of 2/17/2017 for our separation date on the initial filing. Now we're to the second part of filling out the finalization of dissolution of marriage. It has statements such as "we have been living apart and separately since this date..." We're still in the same house, but we both agree that we were separate in February. I feel like we could get into a lot of trouble by just putting down the date as 2/17/2017, and it is found out that she still lives in my house. I've heard of cases where judges will allow separation in the same home, provided proof of some sort that we're actually separate.

Will we be able to use our separation date? It seems silly that we'd have to wait until she has found a place (which I'm not even sure how that works with her getting a mortgage while married - I thought I'd be required to sign, same as she did) to lock in separation. We're two level headed, responsible adults that have made a decision to part ways, but she needed a place to stay temporarily to build up financials. Surely this isn't out of the ordinary.
You claim that she is shown as an owner of the home, but it is not named as an obligor on the mortgage covering the house?! I don't think so. Not unless she was added to the title AFTER the mortgage went of record!

In other words you'd have to have purchased the home in your sole name financed by a purchase money mortgage which you alone signed. THEN you deeded her an interest in the home. If you were two were intermarried at the time the home was purchased her name is going to be on the mortgage note. Otherwise the bank made a signature loan with no security!
__________________

ALSO why are you fussing so over this business of when you two separated? It is totally insignificant considering the status of the relationship. Kentucky is one of the many, many states that don't require fault as grounds for divorce. All is need is testimony that the marriage is irretrievably broken.
 

jamesvigil

Junior Member
You need to take advice of divorce attorney. You are living separately but your divorce is not done legally. So, first you have to apply for the divorce in the court. A divorce lawyer can guide you in the better way in this situation.
 

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