Denver, CO asked in Divorce and Real Estate Law for Colorado

Q: Will I be legally responsible for a house my husband who I am no longer living is buying in a different state?

I moved from Florida to Colorado and cannot file for the divorce until I have lived here for 90 days. We have already split our money and he will be paying for the house with his money. I have been asked to sign a paper saying I have no claim to the house. Does that protect me if he defaults or if something else happened with the house or does that only protect him?

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2 Lawyer Answers

John Hyland Barrett III

  • Licensed in Colorado

A: Under Colorado law, the house will be marital property since it is purchased during the marriage. All marital property is subject to an equitable division in a divorce. this means property is divided "fairly', not necessarily "equally". You should have an attorney review the document he is requesting you sign, and to assist you in the divorce.

Donald C Eby

  • Castle Rock, CO
  • Licensed in Colorado

A: If you are contemplating divorce, I recommend that you contact a family law attorney to discuss the ramifications of signing that document.

To answer your question, will you be financially responsible for the home? No, not unless you sign as a co-signor or guarantor on the mortgage, etc.

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