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Rebecca Mccormick Pepin

Rebecca Pepin’s Answers

386 total


  • Husband entered marriage with nothing but his clothes, laptop and car. Do I need to disclose value for what I owned prior?

    Everything he used is and was mine prior to marriage or inherited when my parents passed. I gave him everything he owned and left at my house when we separated over a year ago.

    Rebecca’s Answer

    In Colorado, what you owned prior to marriage may be considered your sole and separate property and held aside when the court is dividing marital property. It benefits you greatly to set out to the court everything that you owned prior to marriage.
    However, the increase in value during marriage of those assets, is considered a marital value. So, for example, if you owned a house prior to marriage, and on the date of marriage is was worth $150,000, that $150,000 may be held aside for you as your separate property. (as long as you didn't comingle it) If that house is now worth $200,000, then it has increase in value by $50,000 and that amount is a marital asset, which needs to be divided, or explained who is keeping it, and why. The Court can look at the contribution of the parties during the marriage in determining who keeps what asset. If your house, worth $150k at the time of marriage is now worth $140k, you do not share the loss. If it is still only worth $150k, then there is no gain to share.

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  • What if I cannot locate some of my finance info to turn into the court?

    I had to move within two days and all my belongings is in storage. I don't know what box they are in and I don't have the ability to go and look for them. I didn't file taxes in fear of husband taking them and running again as he has before.

    Rebecca’s Answer

    I am going to make some assumptions in order to answer your question. I am presuming that you are in a divorce or legal separation case and are trying to fill out the financial affidavit and exchange the required disclosures. On the Certificate of Compliance form it has some lines under the items which were to be provided and states "If the documents were not provided the reason is..." You may state 1) you don't have the documents as they are packed and you can't find them, 2) you did not file 2014 taxes therefore can't exchange them, 3) you don't have access to the documents because perhaps they're in the old home, or your husband has them, etc. However, if you can recreate the documents (ie: go to the bank and request records, ask the IRS for a transcript of your filings,...) then you are expected to do so.

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  • If I send a letter of demand for property now will I still be able to file assault charges later?

    I was staying on some ones property. & also storing most of my personal belongings there. Approx. 2 months later he demanded that I sleep "in the house". I refused, he locked me out of the motor home I was staying in. I threaten to have the sheri...

    Rebecca’s Answer

    If the police ticketed him for assault, and if the DA is filing those charges, then you can talk to the victim advocate and ask for restitution. However restitution will only pay you for actual costs incurred by your due to the assault. If the police determined you started it, or they couldn't determine who started it, and no charges are filed, then you may sue in civil court. However you will have to prove that he assaulted you, and that you suffered damages. I suggest you look at small claims court.
    Regarding your property, you may have to file a case in small claims court to get your property returned.

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  • Is a person liable for an apartment lease if it was signed when they were a minor

    She shares an apartment with a neglecting mother of a toddler

    Rebecca’s Answer

    Technically, a minor cannot contract. So, no, the minor could not be held responsible. However, if the minor turned 18 while living in the apartment, and continued to live there, then she may have agreed to the contract (even though she didn't re-sign it) after she was an adult and therefore is bound.
    I'm not sure what the poor neglected toddler has to your question, so if there is a part I did not understand, please re-ask your question.

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  • Do I have a solid case? (Apartment Help)

    I put in my notice to vacate form to my landlord. The agent who works for the apartments I live in filled out their part of the sheet. The total last month cost was around $400, the agent signed and so did I. The next day, they gave me another cop...

    Rebecca’s Answer

    I agree with Mr. Murillo's statements. In this case, your apartment made a mistake. Both he and you should have known it was a mistake, because you both had access to the lease, and you haven't detrimentally relied on his mistake - he corrected it quickly. So, you need to follow the actual lease. Look to that document to determine how much should have been listed on the move out agreement. That's the amount you must pay.

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  • How can I get a portion of my husbands va benefits including the money portion?

    I am seeking a divorce due to my husband cheating and getting another women pregnant in the military. He recently got out of the military due to a severe illness. Want to know what actions I should take.

    Rebecca’s Answer

    Please talk to an attorney in your area. If you were married and he earned retirement benefits, you may have a right to a portion of them. If you have been married for over 20 years, you are fully covered on military benefits even after the divorce. Your maintenance benefits are different from military benefits, and are calculated under Colorado law.

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  • My fiancé is on probation in CO, can they force him to stay there for the full 5yrs or can he come home to Fl?

    Here in Jacksonville, Fl he has family, his children, a place to stay, a job, and me of course. He would be living with me and my mother and we have never gotten in trouble with the law. He has nothing in Colorado, he is staying in a hotel which h...

    Rebecca’s Answer

    The Court can make him stay in Colorado, but is likely to allow him to go IF Florida will accept his case. Although the actual criminal case stays in Colorado, a supervising agency in Florida must agree to take his case. Often, courts here in Colorado wait until the defendant is on unsupervised probation, to make the transition easier. Also, the faster he can pay off his restitution, the more likely the court will let him leave. Good luck.

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  • How can I file against spouse/ex for abandoning his 2-year-old child (US citizen) outside of US?

    - Spouse abandoned wife and kid (us citizen) outside of US 2 years ago. - Then he had affair, filed for divorce in Denver, CO without wife consent. No child support/alimony have been decided by the court - No child support received for a year, c...

    Rebecca’s Answer

    You state that he filed for divorce without your consent. In Colorado, you do not need consent of the other party to file a divorce. Therefore, you are probably divorced. With that, any division of marital assets or debts has been completed. (If you can show he lied to the court about assets, you may be able to reopen this) However, issues regarding your child are not completed until the child is 19 years old or emancipated. Therefore, I agree with my colleague that you may file for child support right now. This is not something which needs to be agreed to. You need to file in the county where the divorce was granted, OR you may contact child support enforcement in the country where you or the father live, and they will get support for you. You can go to their website at https://childsupport.state.co.us/
    Good Luck.

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  • If I am paying for a lawyer and they are sending there assistant to represent me can I get my money back

    Iv paid 18000 already and the guy just send his assistant I'm not paying for his assistant I want my money back can I get it

    Rebecca’s Answer

    I too am a shareholder in a firm - meaning I own part of it - so when people hire me, I explain that I have two associates who also work with me. They are associates, because they don't own part of the firm, but they are still lawyers, and still very smart and good lawyers (or else I wouldn't employ them!) However, if you have any concerns about your representation - including whether or not you want the associate to represent you - then you need to promptly talk to the attorney with whom you spoke when you retained. If that person is not going to represent you, you may choose to change firms. Any amount of the $18,000 which has not already been spent shall be returned to you. If the entire $18,000 has been spent, you should have bills you can review to see exactly what was done, by whom, to have incurred those charges.
    Please talk to the attorney you retained. There may be a very good reason why the associate is being the trial attorney on your case.

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  • Will I go to jail?

    I am a 15 year old male from Montrose Colorado. I reported to my therapist I had sex when I didn't really want to. Not once did the word "rape" cone out of my mouth to her. She then filed a police report for rape. A policeofficer came over to my t...

    Rebecca’s Answer

    I am so sorry, this has gone from bad to worse for you. Please talk to your parents, or an adult whom you trust. You should be taken to talk to an attorney who will tell you about your rights. You can tell that attorney everything, without fear because the conversation is confidential. (That is if you speak with them without another person present.) If you had sex when you didn't want to, it could be rape, and your therapist is required to report it. If, however, you didn't really want to, but gave no indications of that, then maybe it doesn't constitute rape. That's for the police to decide. (If the other party was older than you it may be rape even if you did consent.) The important thing now is to get you to a safe place so you can tell the truth. You can get in trouble for lying to the police - it's called false reporting. But it's not a felony, and you won't go to prison for it. If it's the first time you've been in trouble, you would do some probation, maybe some counseling, and probably some community service (picking up trash, volunteering somewhere). Even if you exagerated the first time, if you explain to the police that you were afraid because your therapist made it sound like if you weren't actually raped, you would be in trouble, then the police will understand.
    If you are unable to find an adult with whom to speak, please call me. Rebecca Pepin 303-678-0560.
    You have not done anything bad, and there are adults who can help walk you through this process.

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