Lawyers, Answer Questions  & Get Points Log In
Questions Answered by John Hyland Barrett III
3 Answers | Asked in Divorce and Family Law for Colorado on
Q: Is it legal in State of Co. within divorce proceedings ( a 50/50 state) to have one spouse desire to buy out the other

using the bank re-fi value verses the fair market value?

John Hyland Barrett III
John Hyland Barrett III
answered on Feb 13, 2023

Colorado is not a 50-50 state. Marital property is divided "equitably', meaning "fairly', not necessarily "equally'. However, parties have great leeway in determining how to do a property division if they agree on it. The court will approve it so long as it is... View More

View More Answers

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... View 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... View More

View More Answers

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... View 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... View 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... View 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...
View More

1 Answer | Asked in Divorce for Colorado on
Q: Will I be ordered to pay half of my wife's medical debt when we get a divorce in Colorado?
John Hyland Barrett III
John Hyland Barrett III
answered on Jan 14, 2024

Your wife’s medical debt will be considered marital debt. If it was incurred during the time you were married to her,marital debt is subject to an “equitable distribution “as is marital property. Equitable distribution means “fair “, not necessarily “equal “. You should get a lawyer... View More

2 Answers | Asked in Family Law for Colorado on
Q: Will a Colorado judge order a noncustodial parent to purchase a vehicle and cover the cost of car insurance for a child

Non-custodial parent lives out of state and has no contact with child. Parenting plan does not outline any agreement in regards to providing child with a vehicle. Custodial parent is demanding a car be purchased or else “the court will order it be purchased”

John Hyland Barrett III
John Hyland Barrett III
answered on Oct 25, 2023

I do not think a court would order this. There is no provision in the statute for such an order. I have never heard of a court doing this.

View More Answers

3 Answers | Asked in Divorce, Estate Planning, Family Law and Real Estate Law for Colorado on
Q: I got offered a buyout amount for a jointly-owned condo in Estes Park Colorado, I was wondering if it is fair and just.

The value of the property is $395,000 In the amount owed is $330,000 and the net value equity is $65,000 and the outstanding debt is 20000 and the down payment was 12,000 which was paid in full by my wife and they are offering me 5,000 for to buy me out and they offering me a chance for me to not... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Apr 21, 2023

Any offer, including this one, needs to be considered in light of the whole financial picture. More information is needed. What is the source of her $12,000.00? How long ago was this done? How long have you been married? What would be the net proceeds if the property was sold? What is the cost of... View More

View More Answers

5 Answers | Asked in Family Law, Immigration Law and Personal Injury for Colorado on
Q: Colorado can you petition for a jury trial in divorce
John Hyland Barrett III
John Hyland Barrett III
answered on Mar 9, 2023

No, all divorces are decided by a judge (or sometimes a magistrate) . No jury is allowed.

View More Answers

2 Answers | Asked in Family Law for Colorado on
Q: If you have Sole decision making, and the other parent only gets supervised visitation, can you move out of state?
John Hyland Barrett III
John Hyland Barrett III
answered on Mar 8, 2023

In Colorado, you will need the written consent of the other party or a court order allowing you to move with the minor child(ren). You can file a motion for this if the other parent will not consent. You should get a lawyer to help you with this.

View More Answers

2 Answers | Asked in Family Law, Child Custody and Child Support for Colorado on
Q: What does Order:Motion to Modify The motion/proposed order attached hereto: SO ORDERED. Mean

I filed to modify child support and this what the judge ordered

John Hyland Barrett III
John Hyland Barrett III
answered on Mar 3, 2023

This is what the court does when the judge decides to grant the motion without a hearing. Often it is because the other party did not object or file a response to the motion. It means the motion was granted.

View More Answers

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... View 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.

View More Answers

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.

View More Answers

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... View 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... View 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... View 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.

View More Answers

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... View 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... View More

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.