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Questions Answered by John Hyland Barrett III
2 Answers | Asked in Estate Planning, Family Law and Probate for Colorado on
Q: Who is responsible for spousal debt after death in COlorado?

My father passed away and most of his debt is in his name only. There was no will and the only evidence I have is my mom listed as the beneficiary for both his life insurance and retirement plan. Is that money safe or can creditors take from there? What about their house, is that at stake with... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Jan 16, 2023

Generally, your mother is not responsible for his debts. One exception is "family purpose" debts-such a medical bills, housing, food etc. Those creditors would have to sue her to establish her liability. In terms of probate, the life insurance and retirement plan should pass according to... Read more »

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1 Answer | Asked in Family Law, Foreclosure, Real Estate Law and Probate for Colorado on
Q: If the house I co-inherited with my sister goes into foreclosure, will it affect my credit? (House in my father's name)

I'm struggling to get my sister on the same page about what to do with my dad's house. It's still in his name because he didn't leave a will and my sister and I have yet to go through probate. I have tried to sell her my share of ownership for a reasonable sum or suggested we... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Nov 7, 2022

It should not affect your credit since you are not on the title or the mortgage. You may want to take a more active role by being appointed the personal representative ("executor") so you could sell the property if there is any equity to protect. You should get a lawyer to help you with this

1 Answer | Asked in Divorce, Foreclosure, Family Law and Real Estate Law for Colorado on
Q: My husband has an inherited property in Texas that I recently paid the taxes on to save from foreclosure, is it shared?

My husband has inherited property in Texas however I manage the property and I pay the lawyer as well as recently paid the taxes we’re looking at divorcing and he states that he won’t give a portion of the profit when it sells to my son or I. In addition it should be noted that he’s giving up... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Nov 7, 2022

In a Colorado, divorce, inherited property is considered separate property. However, any increase in the value of that property is marital. You may have some claim for the property taxes. You should get a lawyer to help you with this.

1 Answer | Asked in Divorce and Real Estate Law for Colorado on
Q: My husband and I both include our residency at his inherited property in texas is it considered shared?

We are military and both technically reside at my husbands property in texas however he inherited the property, in addition we paid the taxes this past year out of my saving and will be paying the taxes out of his account this next year, but we both use the account? It sounds to me like it’s to... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Nov 7, 2022

This sounds like it is his separate property. However, any increase in the value of that property that occurred during the marriage is marital property, subject to an equitable division (meaning "fair'", not necessarily "equal"). You should get a lawyer to help you with this.

1 Answer | Asked in Family Law and Collections for Colorado on
Q: I am being sued in CO for my deceased husband's medical bills by a collection agency.Is this legal? Siting 14-6-110

The bills are 2 1/2 years old and they want fees and interest. I filed an answer stating I am not responsible

John Hyland Barrett III
John Hyland Barrett III
answered on Nov 7, 2022

CRS 14-6-110 provides: "The expenses of the family and the education of the children are chargeable upon the property of both husband and wife, or either of them, and in relation thereto they may be sued jointly or separately."

This means you can be held responsible for his...
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3 Answers | Asked in Divorce and Family Law for Colorado on
Q: My husband says the money in the bank account isn’t mine

I’m a military spouse and I’ve never had my name on the account my husband and I both use. This is because we wanted credit scores esperares and also we’d have to practically jump through hoops to add me. If we separate are all the bank accounts considered shared since we both spend money out... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Nov 7, 2022

In Colorado, any money earned during the marriage is considered marital property, subject to an equitable division, meaning "fair, not necessarily "equal". It sounds like all this is marital.

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1 Answer | Asked in Divorce for Colorado on
Q: My divorce is final we are selling house he has offered to pay the costs associated with sale how can I binding

So it’s already instructed how money is to be disbursed at closing but he offered to pay these out of his share what can I have signed so it’s legal and he can’t change his mind

John Hyland Barrett III
John Hyland Barrett III
answered on Aug 29, 2022

You and he can prepare a written agreement to modify the prior orders. You can then file that with the court and request the court approve the agreement and make it an order of the court. You should get a lawyer to help you with this.

2 Answers | Asked in Divorce for Colorado on
Q: can a court approved separation agreement signed by my spouse be modified by her

I agreed to pay her for our house using a QDRO, now she want cash instead of having the money go to her retirement account and wants me to pay all the penalties and taxes. She agreed to the QDRO transfer in our agreement. Can she file to change the terms?

John Hyland Barrett III
John Hyland Barrett III
answered on Jul 29, 2022

She can file it. However, usually the court will not change a property division order. You should get a lawyer to help you with this.

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1 Answer | Asked in Family Law for Colorado on
Q: Is an Intent to File Parenting Plan Changes signed by both parties and notarized an enforceable temporary order?

My daughter's mother and I have a parenting plan. We mutually agreed outside of court that some of the items needed to be changed such as switching bi-weekly visits from one overnight to two overnights. We drafted an intent to file parenting plan changes and the document is notarized but never... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Jun 24, 2022

Your agreement can not be enforced as a court order until/unless the court approves it and makes it an order of the court. You should be able to file it on your own.

1 Answer | Asked in Divorce for Colorado on
Q: If there is a rental agreement would property have to be split in a divorce?

I purchased a piece of property before we were married. I know Colorado is a community property state. If I have a rental agreement with my husband would I have to split the appreciation of the property for the 3 years we have been married if we divorce? I pay all of the mortgage and property... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Jun 24, 2022

Colorado is NOT a Community property state. Marital property is to be divided "equitably", which means "fairly', not necessarily "equally". The appreciation that occurs during the marriage is marital property. I do not think a rental agreement would make any... Read more »

3 Answers | Asked in Real Estate Law and Probate for Colorado on
Q: My sister lied to the courts to sell our mothers house after she passed away by stating she was the only child what can

We do

John Hyland Barrett III
John Hyland Barrett III
answered on Jun 16, 2022

You should file a response in the probate case indicating that you are an heir to the estate. You should get a lawyer to help you with this.

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1 Answer | Asked in Child Custody, Divorce and Family Law for Colorado on
Q: I am married, just filed for divorce. My wife lives in NC, I live in CO with our minor child and need to move to KS.

I have residential custody and there is already a parenting time plan in place, filed and approved by the courts as a result of a abuse/neglect investigation involving my wife. She moved to NC during that investigation before there was a parenting time order. She now says I'm not allowed to... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Jun 14, 2022

You need her consent or an order from the court allowing the move. If she will not consent, you should file a motion to approve the move. You should get a lawyer to help you with this.

1 Answer | Asked in Divorce for Colorado on
Q: If i get a divorce and my wife wants half the profit of the house would i have to give her that if i dont want to sell

She has abandoned the property for several months now moved in to her own place

John Hyland Barrett III
John Hyland Barrett III
answered on Jun 7, 2022

Assuming the house was acquired during the time you were married, it is marital property. Marital property is subject to an equitable division-meaning "fair" ,not necessarily "equal". She will get her fair share of the house-probably 1/2. The court may order the house sold... Read more »

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Do I have to provide my address to my ex?I am the primary residential custodian of my children with sole decision making

We used to have joint custody but 3 yrs ago I was given full custody and the father hasn’t been involved since that time. He is now demanding my address saying it’s his legal right to have it. Do I have to provide it?

John Hyland Barrett III
John Hyland Barrett III
answered on Jun 6, 2022

You do not have to provide your address, BUT YOU DO HAVE TO PROVIDE THE CHILDREN'S ADDRESS. Even with you having "full custody', he maintains some rights to contact with the children. The exception may be if his parental rights have ben terminated-which is unlikely.

1 Answer | Asked in Child Custody and Family Law for Colorado on
Q: Can I legally refuse to allow pick up of my child?

Summer schedule started last Thursday after my son got out of school. He spent the first 4 days of summer with me. The parenting plan states, "During the summer break, the parties shall exercise parenting time according to a week on/ week off equal parenting time schedule. Exchanges shall take... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on Jun 1, 2022

It is not clear what the schedule is from your description. It is clear for 2020, but not for 2022. You could ask the court for clarification, but the court would expect you and the other parent to work this out yourselves. It does seem that you need a detailed schedule to avoid future conflicts.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: What do I do if I can't afford to get my son to his father for his custodial visitation time? We live states away

I live in Colorado and have full custody. His father is in California and gets 2 weeks out of the year visitation.

John Hyland Barrett III
John Hyland Barrett III
answered on Jun 1, 2022

It is essential that you comply with the court order re visitation. The order should set forth how the travel expenses should be paid. Perhaps you can ask your son's father to pay if you truly can not.

1 Answer | Asked in Family Law, Child Custody, Child Support and Domestic Violence for Colorado on
Q: If I moved to CO from NV w/ my son after circumstances w/ my son's mom. Neither has legal custody. Is it a problem?

My son's mother was arrested in NV for DV against me. She had a Protective Order placed on her for a month afterward. She said she wanted to see our son after the 30 days after the Protection Order ended and never showed. She made 2 arrangements with me and never showed up. The mom's... Read more »

John Hyland Barrett III
John Hyland Barrett III
answered on May 16, 2022

You will need to deal with the court case in NV. Yes, you can be served in Colorado. You should get a lawyer in NV to help you with this. There may be an issue whether NV or CO should make the custody decision.

1 Answer | Asked in Family Law and Child Support for Colorado on
Q: Do I have to pay child support if I signed away my parental rights in Colorado? How can I find a copy of the document?
John Hyland Barrett III
John Hyland Barrett III
answered on May 10, 2022

I'm not sure what you mean by "signed away my parental rights". If the child has been adopted by another parent, your child support obligation ends as of that date. You can still be responsible for any amount owed before then. You should be able to get a copy of what you signed from the court.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: Family law,and out of state custody

How do I go about getting a lawyer in North Carolina, I live in Montrose Colorado,and I'm trying to get my daughter's back from their father wrongfully removed them,and no his mother is trying for custody

John Hyland Barrett III
John Hyland Barrett III
answered on May 9, 2022

I suggest contacting the bar association in that area and request a listing of local attorneys who do custody work. That should give you a start. Good luck.

1 Answer | Asked in Adoption and Family Law for Colorado on
Q: If X owes arrears, current order terminated, how does one collect payments when there is no set monthly pymt agreement.

There is no monthly court ordered amount due. Court order only shows full total of arrears due. Can one pay bare minimum of $10 since it's not a court ordered monthly amount to pay and he's still paying? Current order was terminated due to child being adopted.

John Hyland Barrett III
John Hyland Barrett III
answered on Apr 29, 2022

The entire amount of arears is now due and owing. You can get a judgment and garnish wages/bank accounts. There is a limit on the wage garnishment percentage depending on whether the ex is supporting another family and how old the arrears are, but you can get around 50%+ of take home income. you... Read more »

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