Q: If there is a rental agreement would property have to be split in a divorce?
I purchased a piece of property before we were married. I know Colorado is a community property state. If I have a rental agreement with my husband would I have to split the appreciation of the property for the 3 years we have been married if we divorce? I pay all of the mortgage and property taxes.
A: Colorado is NOT a Community property state. Marital property is to be divided "equitably", which means "fairly', not necessarily "equally". The appreciation that occurs during the marriage is marital property. I do not think a rental agreement would make any difference. You could do a marital agreement if he would agree. A marital agreement could provide that you retain your interest in this property. This is like a prenuptial agreement, but done after you are married.
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