Albuquerque, NM asked in Divorce for Colorado

Q: I bought a house 3 years before marriage. Is my wife entitled to 1/2 of the equity in a divorce if she never worked?

The house is under my name only.

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

A: The equity that existed in the house at the time of marriage is your separate property. However, any increase in that equity that occurred during the marriage is marital property, subject to an equitable distribution by the court. Equitable means fair, not necessarily equal. You should get a lawyer to help you with this.

Sabra M. Janko
Sabra M. Janko pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Colorado Springs, CO
  • Licensed in Colorado

A: I agree with the last answer. Also the fact that she did not work during the marriage does n to impact her property interest in marital property. You may wish to argue for spousal support purposes that income should be imputed to her which would reduce the amount of any spousal support that you would pay to her.

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