Divorce is currently pending and division of debt and assets is up in the air. Parenting plan is signed and filed without child support or spousal maintenance decided yet. He bought a home prior to separation and told me he rented it then moved in and I found out only with sworn financial papers that it was purchased. We were not legally separated.
You have lots of issues here, potentially involving a good deal of money. You would be well advised to consult with and retain a divorce lawyer to protect your interests.
This response is only general information and is not legal advice. It does not form an attorney-client relationship and should not be relied upon to take or refrain from taking any action. You should seek a qualified attorney before taking any action related to your inquiry.
Is there any equity in the home?
If there is equity in the home and it was purchased before the divorce was filed, then it is marital property subject to equitable (fair) division. However, depending on where the money came from and how much equity is actually involved, a court might determine that it is equitable to award him all of the equity in the house.
If the assets are significant, you should be working with an experienced attorney and should discuss these issues with your attorney.
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There are a lot of facts and circumstances that are missing to fully respond to your question.
Generally, property acquired during the marriage is marital and therefore his new residence would be marital. It is hard to say if there is any equity in the new residence to divide. There may be a downpayment which could have been marital property of which you might get 50%.
From the limited facts, it appears that it is marital property. However, that does not mean the court has to divide it 50/50.
I would recommend you speak to legal counsel regarding these issues.
If he claims the house as separate property you will need to show date of purchase, where the money came from, etc. Get a copy of the purchase documents through the disclosure process. You will need to show the funds being used to purchase the property are marital. Title makes no difference in Colorado Domestic court, the judge, as long as they have jurisdiction over the parties and the property and you clearly show the property as marital, then the property is subject to equitable division as a martial asset. In Colorado domestic court the judges have great leeway in the options they can order.
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