Legal Question in Family Law in New Mexico

individual purchase of property while separated(not Legally)

My spouse and I have been married just over eight years.

We have been separated since July 2003, though not legally

separated. I live in CA, spouse lives in NM. Spouse has

made offer on home in NM without my name on loan. Spouse

want's me to sign paper saying that we're married, seperated

and I work and live in other state and have no intension of

moving back to NM. What would my legal risks be since we are not legally separated if she defaulted, etc?


Asked on 4/02/04, 5:05 pm

2 Answers from Attorneys

Damian Nolan Law Offices of Damian M. Nolan

Re: individual purchase of property while separated(not Legally)

always be carsful before signing legal papers - sometimes it's too late afterwards. Therefore, you should seek advice from a competent family law attorney. At the same time, you should probably also be filing for a divorce in order to completely separate yourself from your spouse. It simply makes good sense - especially considering, if she files then the matter will be dealt with in NM, whereas if you file, and presuming there are no minor children, then the matter will most likely be heard here in California.

In any event, good luck to you.

Regards, Damian Nolan

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Answered on 4/03/04, 6:02 pm
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: individual purchase of property while separated(not Legally)

Do not sign any document wihtout first having it reviewed by a competent family law attorney.

Good luck to you.

Brian Levy, Esq.

www.calattorney.com

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Answered on 4/02/04, 5:29 pm


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