Property Rights In Divorce

Summary

In Colorado, property owned before marriage is generally considered separate. Since the condo was owned by you and your sons name was removed from the deed before the divorce, it should be considered separate property. The separate lease agreement also supports this stance. If your sons spouse hasnt made any claims of significant contributions, it strengthens your case. Consider consulting a local attorney for personalized advice.

Full Conversation

Moe
Hi Moe! What specific legal issue are you dealing with in Colorado?
My son is initiating a divorce after *.5 years of marriage. He has lived in one of my properties since July *. She moved into the property under a month to month rental lease in April *, which is still in place. They got married in April * but I kept the separate lease agreement with her. She is threatening to take my condo as part of the divorce. My son was put on the deed in February *. As a result of her threats, I removed him from the deed December *. Does she have any legal claim to my property?
Moe, here are some key points to consider:
- Colorado is an equitable distribution state, meaning property acquired during the marriage is divided fairly, but not necessarily equally.
- Since the condo was owned by you before the marriage and your son's name was removed from the deed, it should be considered separate property.
- The separate lease should further strengthen this position.
Has your son or his spouse contributed financially to significant improvements to the property? This could impact the case.
Neither of them have contributed to maintenance or imporovements.
In Colorado, property owned before marriage is generally considered separate property. Since the condo was owned by you and your son's name was removed from the deed before the divorce, it should be considered separate property. The separate lease agreement also supports this stance.
Has your son's spouse made any claims of significant contributions or investments in the property?
She has not made such claims.
Based on Colorado's equitable distribution laws and the information provided:
- The condo should be considered separate property as it was owned by you before marriage.
- Removing your son's name from the deed reinforces this.
- The separate lease agreement with her further supports your position.
If she hasn't made any claims of significant contributions, it strengthens your case.
Would you like more information on the divorce process in Colorado or any other related topic?