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Would i keep the house in the divorce?

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.

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

Attorney Answers 4

Posted

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 his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.

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1 comment

Asker

Posted

Thank you really appreciate your input. I am very glad i kept it in only my name as well.

Posted

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.

Best,
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 attorney for legal advice

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David Littman

David Littman

Posted

Although I agree with Ms. Jones, I would point out that while any increase during the marriage is marital, the issue of contribution can be raised to suggest that in a very short term marriage, with you putting up the cash to purchase the house, he failed to contribute in any substantial way and you get to keep the increase. As a matter of reality, in the present market conditions, there may be no increase. The house is yours as your are the only legal owner.

Posted

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. You are not to rely upon my note above in any way, but insted need to sit down with counsel and share all relevant facts before receiving fully-informed legal advice. If you want to be completely sure of your rights, you must sit down with an experienced criminal defense attorney to be fully aware of your rights.

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Posted

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.

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