Grand Junction, CO asked in Real Estate Law and Divorce for Colorado

Q: Can my wife claim my property?

I live in Colorado. I have been separated from my wife for 7 years. The divorce was never finalized. I would like to buy a house, but I want to make sure she can not lay claim to it. Is there any chance that she could claim it? The property I would like to buy is in a different state from where she lives. Thank you very much.

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3 Lawyer Answers
Tristan Kenyon Schultz
Tristan Kenyon Schultz
Answered
  • Fort Collins, CO
  • Licensed in Colorado

A: If you want to remove any potential claims that your wife can make to the house purchase that your are considering, you will need to get divorced before you purchase a home. Since Colorado is a common law state, the informal separation allows you to claim that the house should not be divided with the default rule of joint (50%-50%) ownership of property purchased during marriage. However, the exact allocation (if any) is dependent on what your wife asks for and what a judge grants. Also note, you ex can file in the state where she currently resides and the rules may be radically different from Colorado (esp. if it is a community property state).

Stephen J. Plog
Stephen J. Plog pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Tampa, FL
  • Licensed in Colorado

A: More information is needed to fully answer your question. In a technical sense, under Colorado law, any property obtained during the marriage, unless obtained via gift or inheritance, is considered marital property. Property obtained through income during the marriage is going to be considered marital property. Thus, there is a chance your wife, when divorce happens, could try to make a claim that she should share in the property. Judge's have discretion to divide property as they see fair and you certainly could raise an argument tied into you all being separated for 7 years, her not contributing, etc. That doesn't mean a judge has to agree with your position and each judge is different. Therefore, my final answer is that she could make a claim for it. To get certainty you really should get the divorce done.

John Hyland Barrett III
John Hyland Barrett III
Answered
  • Louisville, CO
  • Licensed in Colorado

A: In Colorado, any property you acquire during the marriage (except by gift or inheritance) is marital property subject to an equitable (meaning "fair', not necessarily "equal") in the event of a divorce. So, yes, that property would be taken into consideration.

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