Claremont, CA asked in Family Law for Colorado

Q: Is a verbal agreement prior to marriage as valid as a written prenuptial agreement? While I owned a home before marriag

my spouse rented where he had to chop wood for heat & had a min wage job. Married 5/2014. I'm a Physician & had a good salary so he was able to give up his job. Before we married, I did promise him he could have my house if we ever divorced.

Because of my husband's progressively aberrant behavior, we separated after 18 mos. We own a home together in TX (which he doesn't want), but he still wants my house in CO. I started a Quit Claim through Legal Zoom a year ago, but it made me think that I was giving away an asset but keeping all the liability - Mortgage & Insurance, so I stopped the process & notified my husband. He refused to acknowledge my dilemma & has repetitively asked for "what [I] promised [him]".

Eventually, I offered him a generous 18 mo rental agreement so he could live there while he got his furniture business up & running w/all the equipment we purchased during the marriage. He moved out on his own & refused the agreement. Do I have ANY obligation to him?

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1 Lawyer Answer
Tristan Kenyon Schultz
Tristan Kenyon Schultz
Answered
  • Fort Collins, CO
  • Licensed in Colorado

A: A verbal agreement prior to marriage does not create a legally valid prenuptial agreement in Colorado (or any state).

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