Asked in Divorce for Colorado

Q: Married in Colorado. I bought house before we were married it's in my name. IAM the only one that works.

Question can I lose my home in divorce since I bought home before we married home is in my name only

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2 Lawyer Answers
John Hyland Barrett III
John Hyland Barrett III
Answered
  • BOULDER, CO
  • Licensed in Colorado

A: The house is considered your separate property. however, any increase in the value of the house is considered marital property, subject to an equitable division (meaning a "fair" division). You may need to get two appraisals for the house value-now and at the time of marriage. You should get a lawyer to help you with this.

Paul Morgan Gaide
Paul Morgan Gaide
Answered
  • Fort Collins, CO
  • Licensed in Colorado

A: Generally speaking, in a dissolution of marriage case in Colorado, the Court must determine if assets are "property," and if "property," the Court must then determine if the property is "separate" or "marital," before allocating "marital" property to the parties. From what you have said, I have no doubt that the Court would find the residence to be "property," and if you have maintained the property solely in your name, the Court would allocate it to you as your "separate" property, but for any appreciation in the value of the property since the date of marriage. Your spouse would have a claim to an equitable portion of the increase in value of the property since the date of marriage, if any.

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