Should I repay the HELOC borrowing back to avoid commingling? With non-marital funds or thru regular wages?
answered on Sep 25, 2022
It would be important to know what the non marital asset was, when it was acquired and whether it appreciated in value during the marriage, creating a marital interest in the increase in value.
However, generally to borrow from a marital asset during the marriage, it is necessary to have... Read more »
Kid mother is taking my kids to see ex that I'm divorcing currently and collaborating with her to take everything from me. Can I stop her from taking my children to her
answered on Sep 18, 2022
You do not have the ability to stop the children's mother from taking the children to see people unless their safety is impacted.
So it’s already instructed how money is to be disbursed at closing but he offered to pay these out of his share what can I have signed so it’s legal and he can’t change his mind
answered on Aug 29, 2022
You and he can prepare a written agreement to modify the prior orders. You can then file that with the court and request the court approve the agreement and make it an order of the court. You should get a lawyer to help you with this.
My divorce was final 6 years ago. The judge awarded me 40% of ex-husbands pension in exchange he got the family home and all equity in it approximately $400k. I had to wait until he became old enough to obtain early retirement before I could claim on the pension. That's why I had to wait the 6... Read more »
answered on Aug 24, 2022
You can only enforce what the court order says. It can not be changed after the fact. However, if something is happening that conflicts with the agreement, you can enforce it.
I agreed to pay her for our house using a QDRO, now she want cash instead of having the money go to her retirement account and wants me to pay all the penalties and taxes. She agreed to the QDRO transfer in our agreement. Can she file to change the terms?
answered on Jul 28, 2022
Property settlements are generally final. If the Court issued the agreement as an order, then she can request to change it in only limited circumstances such as fraud on material nondisclosure.
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... Read more »
answered on Jun 24, 2022
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... Read more »
I have residential custody and there is already a parenting time plan in place, filed and approved by the courts as a result of a abuse/neglect investigation involving my wife. She moved to NC during that investigation before there was a parenting time order. She now says I'm not allowed to... Read more »
answered on Jun 14, 2022
You need her consent or an order from the court allowing the move. If she will not consent, you should file a motion to approve the move. You should get a lawyer to help you with this.
She has abandoned the property for several months now moved in to her own place
answered on Jun 7, 2022
Assuming the house was acquired during the time you were married, it is marital property. Marital property is subject to an equitable division-meaning "fair" ,not necessarily "equal". She will get her fair share of the house-probably 1/2. The court may order the house sold... Read more »
I have worked for my entire marriage but my husband hasn't and has no retirement plan.
answered on Apr 4, 2022
The portion of your pension that you earned during the marriage is marital property. Marital property ,including the pension, is subject to an equitable division. So, yes, he will get 1/2 of the pension, assuming it all was earned during the marriage.
When filing divorce paperwork I'm at the part asking about cash on hand and bank accounts. We didn't share bank accounts or money. So do I check joint because I had the account while we were together?
answered on Mar 26, 2022
Joint accounts are accounts that are jointly titled. If you have an individual bank account you identify it and mark it individual.
Pending sale, petitioner shall be responsible for all loan payments, insurance, taxes, utilities and maintenance, and petitioner shall be accorded possession of the property pending sale. I don't have a job but he left the home after this was made house is in both of our names. The house never... Read more »
answered on Mar 11, 2022
I would need to actually read the order to be sure, but it sounds like he was to pay the mortgage etc. until the house sold. You should consult with a lawyer to help you decide how best to proceed. The fact that he left does not change the order.
I am currently in a custody case with 3 individuals. Me, the Father, and his sister/intervener (sister has guardianship) we just went through a Child family investigation and the CFI recommended that the guardianship is no longer in the best interest of my son and that my son should be returned to... Read more »
answered on Mar 10, 2022
A CFI Report not not pertain to "justice" but rather the best interests of the children. Generally prosecutors are not interested in pursuing issues that arise in civil matters. However if you believe that someone behaved inappropriately in the civil case, you can raise that issue in the civil case.
answered on Feb 20, 2022
I am sorry to hear about your situation. Colorado is a no-fault divorce state which means that in general marital fault does not impact parenting time matters. There are exceptions for matter that impact the children and there can be exceptions for economic fault.
My x and I had a house in FL. He is former military so it was a VA loan. It went in to pre foreclosure in 2014 while we lived in another country. He was receiving the funds but not paying the mortgage. I came back to the states when I found out and, I managed to get a modification on the house.... Read more »
answered on Feb 15, 2022
I am sorry to hear about your situation. An appeal has to occur within a specific time period and it has to be based on an error of fact or law. No new evidence can be introduced. It is common to divide debts in dissolution. However, if he is not performing a court ordered debt payment, then you... Read more »
One of her stipulations is that I cosign for her home to buy as part of the divorce. She claims I will not be liable for any payments and we can put that in the separation agreement. She can not afford a mortgage on her own, she is planning on renting out two rooms to make the payment. Is this... Read more »
answered on Feb 14, 2022
Realize that if you do this, you will be responsible to the mortgage company for the payments regardless of what your separation agreement says. You can get a divorce with or without her agreement. y
You should consult with a lawyer to review your entire financial situation and advise you... Read more »
We are still married as the judge continued the divorce until July. I was wondering while we waited, how I can get my money back, as she stopped checks to both my lawyers, leaving them unpaid, and me in a financial burden. I believe she also used my signature to take me off an account, yet not... Read more »
answered on Jan 26, 2022
You should consult with your existing lawyers re how best to proceed.
The time we were together not only was i not old enough to work but when i was he didnt let me he said only whores worked especially when they had a man to take care of them and then when i had kids and told him i wanted to work he said whores that wanted to get away from their kids wanted to work... Read more »
answered on Jan 20, 2022
You may be eligible for maintenance and child support in the divorce. This will depend on his income compared to yours. You should get a lawyer to help you with this.
The business is solely mine. I received a sba loan for covid in July. Im am divorcing and am curious if he can take my money in the divorce.
answered on Jan 15, 2022
The loan can only be used for certain business purposes and is not marital property to be divided in a dissolution.
We have recently separated. The RV was officially paid for within a few days after we began spending time apart. If titled only in my husbands name would there be any issues of equal ownership if we divorce?
answered on Dec 22, 2021
Generally, anything purchased during the marriage is marital property, subject to an equitable division in a divorce. An exception would be if the money came from his separate property, such as a gift or inheritance.
File for a divorce. Using a lawyer. First initial conference is next week. The respondent has not file a response. Change of mind and heart. Can the stipulated motion to dismissed be file by petition it self, without the lawyer? Thank you in advance for your help.
answered on Dec 21, 2021
You will have to go through your lawyer. Your lawyer should not have a problem with this. If your lawyer is unwilling to do this, you can ask the lawyer to withdraw and then you can file it yourself. This could also be handled at the initial status conference.
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