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John H Barrett

John Barrett’s Answers

328 total


  • I need a divorce attorney. Complicated financials.

    I became disabled while common law married...but, used my settlement money to purchase a house for him and his kids. I was not on mortgage due to horrible credit at that time. 2 years later he put my name on the title. My cheeks go to mortgage. He...

    John’s Answer

    You are entitled to an equitable division of marital property. That includes the house. You may be able to ask for maintenance/spousal support depending on the respective incomes of you and your spouse. You should consult with an attorney to further advise you after the attorney knows more about your situation.

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  • Do I need a divorce attorney?

    Long story short- my husband started stealing money from his company 3 months after we married. He was caught 7 years later, and I had no idea what he was doing. He was convicted, went to prison while I supported him. He got out and things were ro...

    John’s Answer

    You are entitled to an equitable share of the increase in value of the house during the marriage. You may also be entitled to child support and maintenance, depending on how much you each make. I do think you need an attorney to help you with this.

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  • I was divorced 3 years ago. I received ownership of a vehicle in the divorce decree. But the car had a lien on it.

    I paid off the lien, but they would not release the title to me, as the lien and title were in my husband's name. He still has outstanding debts with the credit union. They say that the contract he signed included a cross-collateralization clause,...

    John’s Answer

    It sounds like the credit union is within its rights as the car is collateral for all his debts. What does your agreement/decree say about who is to pay those debts? If him, you can try to enforce the decree by contempt or request entry of judgment if you have to pay them.

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  • The judge ordered the home to be sold and proceeds split 50/50 my ex immediately went out and refinanced the house to buy me out

    The home was bought during the marriage but title was solely in his name.What is he within his rights to do after final hearing?

    John’s Answer

    This was not what the court ordered. If you feel that a sale would net you more money, you can enforce the order and require the house to be sold. However, I agree with the previous answer that it may be ok if you got what you would have gotten from a sale.

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  • Do I need a divorce

    Picked out a house to buy together. In his name. Agreed that I would pay 500 month towards mortgage each month if we didn't work I would get back some investment. Gutted the house together. Got engaged. I left him. He will only return the 2000 c...

    John’s Answer

    • Selected as best answer

    If you were married, a divorce can address these issues. If you were not married, you may have a claim for unjust enrichment. That is very fact specific and you may or may not have a good case for that.

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  • Debt collection on ex spouse

    My ex lives in Bennett, Co and I live in Minnesota. 28 year marriage, I am disabled. I went to court (he didn't show up) and got a judgement. We have the divorce decree in Minnesota, that he's not following. I have the post-divorce order, that ...

    John’s Answer

    Your judgment can be filed in Colorado and execution can issue to garnish his bank accounts and lien his property. You need an attorney in Colorado to do this. Feel free to contact me to discuss it.

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  • Who will be able to claim our two children if we have been separated?

    My husband and I have been separated since the beginning of July 2014. I have had the two children living with me since then. He sees them one day a week but no overnights on those days. We are currently getting ready to go through a divorce. For ...

    John’s Answer

    The party who has the children the majority of the overnights may claim them. For 2014, that seems to be you.

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  • What is the Standard retainer fee for a Divorce Attorney in or around Denver Colorado?

    After the retainer is it hourly?

    John’s Answer

    There is no standard amount. It depends on the attorney and the nature of the case. Usually the attorney bills the hourly rate against the retainer. E.G. a $3000 retainer will cover 10 hours at $300 per hour. Depending on your fee agreement, you may need to replenish the retainer to cover any interim bills.

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  • Custodial account

    My 10 yo daughter has a savings account with my sister. I'm looking into divorcing my husband. Should I worry about my daughters savings to be affected during divorce financial settlement

    John’s Answer

    I agree that children's accounts are usually not included in a divorce settlement. However, it may depend on who is the legal owner of the account. If you are the legal owner, it could be considered as an asset owned by you. If so, it could be included. This will not happen if it is an Uniform Transfers to Minors account with your sister as trustee. It may also depend on how the account was funded and how much money is in the account. We need more facts to really advise you.

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  • Do I need a separate divorce attorney?

    We are both over 50 and have adult children. My husband does hide funds from me & tries to keep me in the dark.

    John’s Answer

    YOU DEFINITELY NEED SEPARATE COUNSEL. ATTORNEYS CAN ONLY REPRESENT ONE PARTY IN A DIVORCE. IN THIS CASE YOU NEED AN ATTORNEY TO PROTECT YOUR INTERESTS, ESPECIALLY WITH WHAT YOU SAY IS GOING ON.

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