Q: I just filed for divorce is my husband allowed to you give or put our house in his son's name before our first Hearing
A: Absent an agreement by you or court approval, this would be a violation of the injunction on non-approved transfers of property from the marital estate that was put in place when you filed. Regardless, the home should appear on his sworn financial statement (both parties are required by law to disclose all property held generally in the last 3 years). Failure to list the home allows you to seek court sanctions (including payment for your attorney fees). If you think your husband is trying to hide money it is highly recommended that you hire an attorney. In Colorado it is a very serious violation for either party to a divorce to not disclose all property and/or try to hide assets in anticipation of litigation.
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A: No. With the filing of divorce, there is an automatic statutory injunction in place which prohibits either party from transferring or disposing of assets. Take a look at the petition. The injunction flows from CRS 14-10-107. You need to consult with an attorney ASAP in terms of how to deal with this. If you cannot afford an attorney you need to bring this to the court's attention at that first hearing (initial status conference). Even if he makes the transfer he will still be on the hook for your share of the equity and the court could enter an order undoing the unlawful transfer.
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