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using the bank re-fi value verses the fair market value?
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 
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
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
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
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
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
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.
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
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.
The bills are 2 1/2 years old and they want fees and interest. I filed an answer stating I am not responsible
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
How long does person A have to live in new county before filing? Lifelong Colorado resident
answered on May 29, 2024
There is no mandatory waiting period for you to file so long as you have lived in Colorado for 91 days. You can file in any county in the state. The respondent may request a change of venue to the county where the respondent resides. You should have a lawyer help you with this.
Can I submit 2 parenting plans to the court. One being if kids are granted to stay in Colorado with me and one if father is allowed to move?
answered on May 8, 2024
Yes, It is a good idea to present alternative parenting plans.
our final orders state that any motion to modify parenting time, mediation will be mandatory
answered on May 3, 2024
Your response to the motion should focus on why the current parenting plan is in the best interest of the children. You could file a separate request for mediation. I expect the court would order mediation before a hearing on the motion anyway. You should get a lawyer to help you with this.
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
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”
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.
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
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
answered on Mar 9, 2023
No, all divorces are decided by a judge (or sometimes a magistrate) . No jury is allowed.
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.
I filed to modify child support and this what the judge ordered
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.
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
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.
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
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.
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?
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.
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
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.
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