If I live in our home in one state and my spouse has filed for divorce in another, which state will have jurisdictionover the real property?

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If I live in our home in one state and my spouse has filed for divorce in another, which state will have jurisdictionover the real property?

My wife and I were married for 6 years and own our home outright in NC where we have lived for the past 4 years. Approximately 8 months ago she moved back to CO and recently filed for divorce. 2 days ago she showed up while I was at work and moved 1/2 of the personal property out. What state will control the settlement on the sale of the home?

Asked on September 25, 2010 under Family Law, North Carolina

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your Wife meets the residency requirements for filing a divorce proceeding in the state of Colorado then the distribution of the assets of the marriage can be determined along with the dissolution of the marriage, as long as the court has jurisdiction over you, of course, for the dissolution. I know that it does not seem fair. I would strongly suggest that you seek legal counsel in your area as soon as you can.  I would see about filing for temporary award of the marital home so that you can change the locks until you can sit down and figure this thing out.  Otherwise she can re-enter the marital home at any time she chooses.  Good luck to you.   


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