QUESTION

Equity in home at divorce

Asked on Nov 26th, 2013 on Divorce - Colorado
More details to this question:
My husband had a home when we got married, during our marriage I was put on as joint tenant. We sold the home and used that money to purchase another home in both our names. Upon divorce would I get half of the equity in the new home?
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1 ANSWER

Legal Separation Attorney serving Boulder, CO at Flatiron Legal Advisors LLC
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Maybe. He might be able to argue that his equity in the home at the time of the marriage is separate property, but any increase in value during the marriage would be marital (and the entire amount might be marital at this point - but it would depend on a lot of factors). Marital property in Colorado is divided equitable, not equally, so even if he had a separate interest, the court could give you more marital property if it decided that was fair (which would depend on the length of the marriage, how much property there is to divide, how much separate property there is and other factors). I hope this helps. 
Answered on Dec 10th, 2013 at 5:55 PM

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