Would i keep the house in the divorce?

Asked about 2 years ago - Parker, CO

I bought the house a year or two before we met and were married. I was wondering is there even a chance he could be able to take it from me when I paid for it in full before him and I were even married. The title is only in my name.

Additional information

We have only been common law married for a little over a year.

Attorney answers (4)

  1. Christopher Daniel Leroi

    Contributor Level 20


    Lawyers agree

    Answered . Extremely doubtful. He would only be entitled to any appreciation (if any) in equity in the house over the past year. I live in Parker as well. Most houses have gone down in value instead of up over the past year. So, he will have a hard time arguing that there was any appreciation in the value. Great job titling it only in your name.

    The information provided in this answer does not create an attorney-client relationship. If you are interested in... more
  2. Daniel Nelson Deasy

    Contributor Level 20


    Lawyers agree

    Answered . Colorado, which is an equitable property division state, recognizes separate property. What that means is that you will in all likelihood keep your house but any increase in value during the course of the marriage will be divided fairly. An experienced family law attorney can help you make sure that your property is taken care of through a dissolution proceeding. Best of luck to you!

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  3. April D Jones

    Contributor Level 10


    Lawyers agree

    Answered . The house remains your separate property however any increase in value from the date of marriage to present is marital property. So if your house is worth more now than it was on your wedding day, the increased amount is marital property. If you have other marital property to divide you can potentially offset what you owe each other. Colorado is an equity state not a community property state. You should speak to me or another experienced divorce attorney to understand your position legally.

    April Jones
    Jones Law Firm PC
    www. AprilJonesLaw.com

    All written responses are for general informational purposes and do not constitute legal advice. Please consult an... more
  4. Michael Graves Brownlee Jr.

    Contributor Level 7


    Lawyers agree

    Answered . I agree with all of the above, but I have a more basic question. Is you common law marriage valid? In Colorado certain requirements must be met for a "common "law" marriage to be valid. You should speak to a family lawyer in your area.

Related Topics


Divorce is the process of formally ending a marriage. Divorces may be jointly agreed upon, resolved by negotiation, or decided in court.

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