Craig, CO asked in Divorce for Colorado

Q: I have been married to my husband for 6 years. We just recently re-financed the house and added my name, what do I get ?

All the equity he had when he refinanced was accrued while we were married, but my name was not added until recently. Do i have rights to some of the equity we pulled out during the recent refinance?

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1 Lawyer Answer
Sabra M. Janko
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Answered

A: Generally you would have equity in the marital appreciation in a dissolution action. If you took out equity and spent it, then you would not have an interest in that. You do not mention dissolution, however your question is posted in the dissolution area. If the money is sitting in an account, upon filing there is a mandatory injunction prohibiting dissipation, however the funds could be used for standard marital expenses.

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