Get free answers to your Divorce legal questions from lawyers in your area.
The value of the property is $395,000 In the amount owed is $330,000 and the net value equity is $65,000 and the outstanding debt is 20000 and the down payment was 12,000 which was paid in full by my wife and they are offering me 5,000 for to buy me out and they offering me a chance for me to not... View More
![Michael Joseph Larranaga Michael Joseph Larranaga](http://justatic.com/profile-images/1668887-1661900380-sl.jpeg)
answered on Apr 21, 2023
Good morning,
I think this is better posed as a math question. There are allot of factors to this question that are not shown here including your risk tolerance, the cost to sell the house, the real FMV. I would think 1st you would need to establish if there is a presumption that you are... View More
![Christopher N. Little Christopher N. Little](http://justatic.com/profile-images/1587963-1698007116-sl.jpeg)
answered on Apr 8, 2023
Hi There!
You ask an excellent question - as you can imagine, inconsistencies in Sworn Financial Statements and pertinent financial disclosures happen all of the time in domestic relations actions. To be really clear, there are many ways to handle this situation and there is not a... View More
There is an order for reimbursement within 30 days, yet other parent waits up to 1 1/2 years to submit receipts for repayment for child's medical care. What, if any, is an actual and acceptable time frame? Not to mention multiple duplicate statements with no proof of payment or prior conferral.
![Christopher N. Little Christopher N. Little](http://justatic.com/profile-images/1587963-1698007116-sl.jpeg)
answered on Apr 8, 2023
Hi There!
I am sorry to hear that you are going through this. I know that co-parenting with an ex can be difficult, and the financial relationship that you two now share is oftentimes wrought with strife, frustration, and consternation. Assuming that your Orders (the parenting plan and the... View More
![Christopher N. Little Christopher N. Little](http://justatic.com/profile-images/1587963-1698007116-sl.jpeg)
answered on Apr 3, 2023
Good Afternoon,
You ask a great question! In most cases, there is no statutory prerequisite concerning QDRO's that have to be met in order for the Court to enter a Dissolution of Decree of Marriage. Many times, a Separation Agreement (the agreement that details the manner and methods... View More
![Will Ellison Will Ellison](http://justatic.com/profile-images/1557975-1549136953-sl.jpg)
answered on Apr 3, 2023
No, a QDRO does not need to be drafted and filed before the Decree is signed by the Judge.
It is possible you could file it with the other settlement documents, but it is not typical in most cases. The language included in QDROs often includes reference to the date the decree issued, so it... View More
My supposed to be ex-husband filed legal separation instead of divorce. He is now in contempt per separation papers from July of 2021 to remove me off the loan w/ refinance.
The whole process has been a year and a half. Now that I've done some looking into it because he has stopped... View More
![Steven Visser Steven Visser](http://justatic.com/profile-images/1518224-1672772667-sl.jpeg)
answered on Feb 14, 2023
Having someone held in contempt of court would be for violating court orders. Whether it is a legal separation or a divorce does not matter. The key question in this situation is how long did he have to remove you from the title of the truck per the court order. If he has failed to do so by the... View More
using the bank re-fi value verses the fair market value?
![John Hyland Barrett III John Hyland Barrett III](https://lawyers.justia.com/images/no-picture-listings.png)
answered on Feb 13, 2023
Colorado is not a 50-50 state. Marital property is divided "equitably', meaning "fairly', not necessarily "equally'. However, parties have great leeway in determining how to do a property division if they agree on it. The court will approve it so long as it is... View More
![Rebecca Pescador Rebecca Pescador](http://justatic.com/profile-images/1666886-1640112563-sl.jpeg)
answered on Jan 27, 2023
From a legal perspective, this isn't a very long delay. So the answer would depend on a couple of factors.
First, how does your Decree read other than when she was to pay the equity? Is there any language about indemnifying you from harm? If so, that would be useful. If there... View More
In Colorado, my ex agreed in the separation agreement to pay me half of the mortgage since his name is on the house too. The separation agreement is part of the final orders of our divorce decree. Now he's saying he's not going to pay it. Isn't that a violation of a court order, and... View More
![Rebecca Pescador Rebecca Pescador](http://justatic.com/profile-images/1666886-1640112563-sl.jpeg)
answered on Jan 25, 2023
If your final orders say that he is to pay 1/2 of the mortgage and he is not doing so, then yes, that is a violation of the orders. Yes, you can file a motion for contempt.
Remember that when you file contempt you need to be able to prove 4 main elements: 1) there was an order requiring... View More
I am still currently married to my wife and we have a 15 month old daughter that we both love dearly and want the best for, but I am at my breaking point in regards to my relationship with my wife. She is not the woman I married and I fear that staying married to her will not only keep me... View More
![Brock Richard Wood Brock Richard Wood](http://justatic.com/profile-images/910071-1671061426-sl.jpeg)
answered on Jan 1, 2023
Hi, James. I am sorry to hear about your unhappiness. Hang in there.
The question you ask is "How does custody work when your child is only 15 months old". The age of the child is a factor that the courts in Colorado consider when allocating "parental... View More
![Christopher N. Little Christopher N. Little](http://justatic.com/profile-images/1587963-1698007116-sl.jpeg)
answered on Dec 27, 2022
Hi There,
That is a great question and in many circumstances your thoughts about non-compliance are insightful. However, as long as they were filed on the final day they were due, even at 11:59pm, then they are timely. I wish you only the absolute best.
Please note (rules of ethics... View More
She has been having the affair for the last few months. Staying out all night, not coming home until the morning smelling of alcohol. They also have an 8-year-old child together who has witnessed her behaviors. She has also been neglecting the child. The child keeps asking for his Mom who has... View More
![Sabra M. Janko Sabra M. Janko](http://justatic.com/profile-images/1529000-1680027187-sl.jpeg)
answered on Dec 21, 2022
It depends on what he wants. He can get divorced or he can see if his Wife will agree to treatment. It is unclear the nature of the neglect. Just being gone while someone else is caring for the child is not neglect. It is not likely that she will be prosecuted for adultery.
My husband has inherited property in Texas however I manage the property and I pay the lawyer as well as recently paid the taxes we’re looking at divorcing and he states that he won’t give a portion of the profit when it sells to my son or I. In addition it should be noted that he’s giving up... View More
![John Hyland Barrett III John Hyland Barrett III](https://lawyers.justia.com/images/no-picture-listings.png)
answered on Nov 7, 2022
In a Colorado, divorce, inherited property is considered separate property. However, any increase in the value of that property is marital. You may have some claim for the property taxes. You should get a lawyer to help you with this.
We are military and both technically reside at my husbands property in texas however he inherited the property, in addition we paid the taxes this past year out of my saving and will be paying the taxes out of his account this next year, but we both use the account? It sounds to me like it’s to... View More
![John Hyland Barrett III John Hyland Barrett III](https://lawyers.justia.com/images/no-picture-listings.png)
answered on Nov 7, 2022
This sounds like it is his separate property. However, any increase in the value of that property that occurred during the marriage is marital property, subject to an equitable division (meaning "fair'", not necessarily "equal"). You should get a lawyer to help you with this.
I’m a military spouse and I’ve never had my name on the account my husband and I both use. This is because we wanted credit scores esperares and also we’d have to practically jump through hoops to add me. If we separate are all the bank accounts considered shared since we both spend money out... View More
![Michael Joseph Larranaga Michael Joseph Larranaga](http://justatic.com/profile-images/1668887-1661900380-sl.jpeg)
answered on Nov 9, 2022
It is more complicated than that. If the money has co-mingled during the marriage it may be considered marital property. It is possible to have separate non-marital property but safeguards need to be put in place. You should talk to an attorney to help you make that determination.
I have a child support order that was put in place in 2011 and included 3 children. We have never had a modification done even though the children moved from me as the custodial parent to their mother. 2 of the 3 children are now 21, so 2 years removed from the order and I'm still paying the... View More
![Sabra M. Janko Sabra M. Janko](http://justatic.com/profile-images/1529000-1680027187-sl.jpeg)
answered on Oct 27, 2022
It is always risky to self-adjust a court order. If the other party never makes an issue of it, you might not have a problem but if there is a disagreement, you could be in contempt of court. When a child ages out of the order, you can have the order adjusted. if you are going through Child Support... View More
We own a home and have a minor child together
![Sabra M. Janko Sabra M. Janko](http://justatic.com/profile-images/1529000-1680027187-sl.jpeg)
answered on Oct 25, 2022
You fill out a petition, summons and case information sheet to start and the clerk can assist you with the summons. You then file and have those documents personally served on the other party.
50/50 owned home was sitting empty. Both on loan.
![Michael Joseph Larranaga Michael Joseph Larranaga](http://justatic.com/profile-images/1668887-1661900380-sl.jpeg)
answered on Jun 24, 2024
The real question is was the property subject to the division order when you got divorced or not. If not, then you may be able to pursue a partition action to force the sale of the property. If so, then you may need to follow the court's order and follow up with contempt proceedings. Either... View More
![John Hyland Barrett III John Hyland Barrett III](https://lawyers.justia.com/images/no-picture-listings.png)
answered on Jan 14, 2024
Your wife’s medical debt will be considered marital debt. If it was incurred during the time you were married to her,marital debt is subject to an “equitable distribution “as is marital property. Equitable distribution means “fair “, not necessarily “equal “. You should get a lawyer... View More
I was a stay-at-home wife for 10 years in 2021 my ex bought me a car as a gift of $750. Per month he made the payments from a separate account it never came out of the joint account I have a joint account yearly statement for 2021/2022 on 7/5/2022 we separated in September I was being forced to... View More
![Sabra M. Janko Sabra M. Janko](http://justatic.com/profile-images/1529000-1680027187-sl.jpeg)
answered on Oct 1, 2023
It is unclear where you are in the case. You are required to comply with any mediated agreement or court order. It is also not clear what you mean by the fact that he "put you in debt". A gift can either be to one party or to the marriage so it would be necessary to present evidence if... View More
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