Legal Question in Family Law in Kentucky

My husband and I are filing for a joint legal separation in KY and are trying to work out a legal separation agreement. Our problem concerns the marital home. He will allow me to retain the house and deed his portion to me without me having to buy out his interest provided I don't sell the house within a certain time frame. If it is sold, in say 2 years, he wants half the proceeds. If it isn't sold in that time, he will allow me to keep the house. I will be paying the mortgage, taxes, and all upkeep. My husband owns a business and I want the house to be in my name alone so its protected in case of a lawsuit. How would we express this in the agreement? We are trying to be civil and do this on our own.


Asked on 7/22/12, 1:05 pm

1 Answer from Attorneys

Andrea Welker Welker Law Office

A common misperception people have about hiring an attorney is that it will somehow make the divorce "ugly" when it otherwise shouldn't be. If you hire an attorney, letting him or her know that you've already reached an agreement, then that attorney can draft the papers to reflect your agreement, to protect you both from unexpected disputes down the road. It is much more prudent to do so, than to draft and file the papers yourself, particularly since there are assets. Pro se litigants will often spend more money hiring an attorney to fix the "easy" noncontested divorce, than if they had just hired an attorney in the first place.

What you're asking for isn't necessarily complex, but it is something that would take some time to draft to make certain no unexpected problems would arise. I would want it reflected both in the PSA and deed, but it would simply depend on the circumstances how to best achieve your goals.

I'd say ask for recommendations for family law attorneys in the area, and one of you hire one. The other will be pro se (an attorney can't represent you both). If that makes the nonrepresented party nervous, that person can always seek a consultation of their own to review the documents. Attorneys usually charge flat rates for noncontested divorces, which in your case would be a big money saver, because your documents won't be standard.

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Answered on 7/22/12, 8:36 pm


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