I left three years ago and she said she needed to stay until she could qualify for a loan. I have allowed it for three years and never said a word. Now she is dragging her feet and doe snot want to do it. Even though I have offered to help and do all the paperwork, calls and leg work for her.... Read more »
this depends on what you divorce decree says about the house. The court will enforce the terms of the decree. You should get a lawyer to help you with this.
I placed my spouse on the deed however, the mortgage is solely in my name. I have made every payment on the loan myself. We have three children living with me and I’ve been deemed primary custodial parent by temporary orders. He is planning on forcing me to sell the house within 6 months after... Read more »
This house is marital property since it was purchased during the marriage. Also, it is titled jointly. Marital property is to be allocated "equitably', which mans "fairly", not necessarily "equally". The court will probably not care who made the payments, especially if... Read more »
The state is Colorado.
1. What specific language should I use on the check to ensure it is her separate property, e.g. 'Jane Doe as her separate property'?
(Has to fit on the check.)
2. Although I'll be sending the check 3 weeks before the wedding, does it... Read more »
You do not need any special language. It does not matter when she cashes the check. The key is that she needs to put it into a separate account in her name only. If she puts it in a joint account with her husband, it will be considered marital property in the event of a divorce.
She had 2 years to get refinanced and now it 4 months past that. I keep filling motions because it was already meditated, but she won't comply and won't agree to a new mediation. My last motion to go back to the original order has been denied. What can I do ? She's just prolonging... Read more »
If she will not comply with a court order, you can move to enforce. I don't know what has been happening in your case with your motions.
We are going through a divorce and the town has now rented a property purchased by us, the town to him for one year. This act caused many problems and turned an amicable divorce ugly with children involved.
I am sorry to hear about your situation. This question is not covered under domestic relations law. It sounds as though your question may relate to conflict of interest employment issues. You may wish to post in employment law.
Mortgage is in my name because we wouldn’t qualify with his debt to income. Title has both of our names. Looking for a consultation.
You do not necessarily need a separation agreement just because you and your spouse are separating. You will need a "Separation Agreement" in order to finalize a divorce. This agreement contains details regarding your property division and support issues. Leaving the house is not usually... Read more »
we have irreconcilable differences that we seem to not agree on therefore i do not want this marriage
A family law attorney could handle your case from start to finish to obtain a dissolution/divorce for you.
I got it compared signatures its his
Could you clarify the question?
how do we go about changing the custody agreement? the state we moved from is too far away to fly out just to alter one part of the divorce. I live in Colorado now and he and the children are in New Mexico.
The state that issued the order no longer has jurisdiction since you both and the children have left. If the children live in New Mexico, that is the state that now has jurisdiction.
I cosigned for an ex partner, the relationship was abusive and I no longer have any contact with her at all. She has since missed 23 payments on that car and is still affecting my life. How do I go about getting my name off of the car and not hurting my credit anymore than it is already hurt?
If you are married, you can file for dissolution and property settlement. If not, when you co-signed, you agreed to pay if she did not. Absent her consent to refinance in her own name, you are legally obligated to pay if she does not.
Not vested, married 7 years, 15k in contributions, retire in 2054 with estimated $3500 lifetime payments, 1 child
You will have to obtain a dividing order prepared by someone who specializes in the field. Then one or the other of you will have to file it with your employer.
Married 20 yrs. It’s been owned home before marriage. He has refinanced three times and never put my name on the house.
You will have a claim on the increase in value that occured during the marriage. That increase is marital property, subject to an equitable (meaning "fair", not necessarily "equal) distribution in the divorce. You should get a lawyer to help you with this.
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I think the order will apply since they did not file an appeal at the time. You should get a lawyer to help you with this.
My ex husband filed a motion this week to modify medical decision making of our daughter. Our divorce decree states we must go to mediation prior to filing a motion but he and his attorney skipped this step. Could this be considered contempt?
I do not think contempt is the right response. You could file a response pointing out the failure to go to mediation. The court is likely to order mediation in any case. You should get a lawyer to help you with this.
I am currently applying for Hungarian citizenship (my father was Hungarian), and the consulate wants a "Divorce Decree" or a "Certificate of No Appeal" instead of the Decree of Dissolution of Marriage. I am having difficulty in finding out whether these exist in Colorado or are... Read more »
The "Decree of Dissolution of Marriage" is the "divorce decree". That is just what Colorado calls a divorce.
I've been married for a year and eight months, I came to the United States under a fiance visa, then we got married here in Denver, my husband is American, I have a 13-year-old daughter, we both came to this country to start a family, my husband He said that he no longer wants me here and is... Read more »
This is not a simple answer but there is a lot of good information on this topic on the internet. Here is a reliable source: https://www.nolo.com/legal-encyclopedia/divorce-your-conditional-residence-status-how-file-divorce-waiver-with-form-i-751.html
I would recommend you do a consultation... Read more »
I am filing for divorce after being separated from my ex for over a year. He has lived with his parents and on his own this past year. He currently lives on his own. I just learned that his employer dropped him down to 1 day a week and he only makes $12 an hour. I am concerned that he will go after... Read more »
You can argue that he is capable of working full time. He could respond as to why he is not working full time. It is always helpful to have an attorney with spousal maintenance because although there are maintenance guidelines, they are discretionary with the court. An attorney can make arguments... Read more »
Financial statement that he has a personal loan, isn't that falsifying information? And curious to why the court wouldn't have caught that.
I am sorry to hear about your situation. The Court is limited in time so does not do a detailed comparison of a financial statement to other documents. If there is a discrepancy, it is the responsibility of the person alleging it to bring it to the Court's attention. It would be important to... Read more »
His name is on house only, since I have been paying everything what chances do I have to retain the home. Can I recoupe costs associated with upgrades /house pymts taxes etc if he refuses to leave. Will equity be split if he is required to sell home if I cannot get financed for home on my own.... Read more »
I am sorry to hear about your situation. In divorce, you split marital equity. Title does not matter if the home was obtained during the marriage. if he had it before the marriage then you still have an interest in the appreciation of value during the marriage.
Can I file contempt of court if I have not been removed from the loan if I requested that I be removed from it in the divorce decree
This depends on what the decree says, not just what you requested. IF the decree requires him to get you removed, it may be contempt IF he has the ability to do so. However, most lenders will not remove a co-signer unless the loan is refinanced.
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