Q: My wife was deeded her fathers 50% of her fathers house where her and I lived. can I file marital property on this?
1.5 years in mariage wife’s father deeded his house to my wife and her brother 50/50. He sold them each a 50% share for $1. We lived in the house for 1 year when she filed divorce. She quit claimed deeded the property back to her father for $1 the afternoon of the day I moved out. Can I claim marital property on her 50% of the property? I have court this Friday April 20, 2018. I am needing a answer before this date if possible. Thank you. This is for Colorado.
A: Generally, a gift of property is separate property. However, any increase in the value of that separate property is marital property, subject to an equitable division by the court (meaning a "fair" division, not necessarily an "equal " division) The court can consider the property as still hers if she improperly transferred her interest in the property. However, you may need to join her father into the case since it is now titled in his name. You should retain an attorney to assist you in this matter.
A: If the property was never titled in your name and was a gift from her father, which is clearly was, the only thing you might be entitled to would be your share of the increase in value during the year before you moved out. You should consult with a divorce attorney to discuss your situation, rights, and options in more detail.
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