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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 
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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.
originally my husband quick claimed it to his mom about a year after he bought it in 2002. She kept the house until 2022 when she quick claimed it back to him for 10 dollars? We married in 2014.
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answered on Nov 2, 2022
It depends on whether it was a gift to him or the marriage.
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
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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
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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.
My name is on the deed and mortgage papers; the home is in Hawaii. I thought we had a divorce but I nor the Public representative cannot find the divorce decree or certificate. If the divorce papers cannot be found, is the divorce still valid?
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answered on Oct 19, 2022
It sounds like you are looking for a will - not a dissolution decree. If there is a dissolution decree, it will be filed with the court that issued it as an official record.
this year, how is that property considered? Would the equity in the home at the time of quick sale become marital property?
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answered on Oct 5, 2022
It depends on whether it was an inheritance or a gift to him or the marriage. Only if it was a gift to the marriage would it be considered marital property.
I don't have control over the vehicle He watches where I go and wants to come with me He listens to my phone calls and he controls all the money
I want him gone I want the kids and the house How do I file with a restraining order with him leaving. How do I pay a lawyer when I... View More
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answered on Oct 5, 2022
If your income is low enough, Colorado Legal Services may be able to assist. Also most people who file for a protection order in county court are unrepresented. You can look at the Colorado Judicial Branch website for fill in the blank forms.
Should I repay the HELOC borrowing back to avoid commingling? With non-marital funds or thru regular wages?
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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... View 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
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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... View More
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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?
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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... View 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... View 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... View 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... View 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?
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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... View 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... View More
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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.
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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.
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