If I’m I am separated but mu husband wants a divorce, does he have any rights to the gift money I’ve been receiving from my tribe for several years?

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If I’m I am separated but mu husband wants a divorce, does he have any rights to the gift money I’ve been receiving from my tribe for several years?

We’ve been married 1 1/2 years. Also, what can he get from the house that I own and purchased before we were married; I heard he can only have equity earned from time we were married.

Asked on October 10, 2012 under Family Law, Colorado

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Under the laws of all state sin this country a "gift" to a person as you have written about is deemed the personal and separate property of the person who received it unless the recipient makes a gift of what was received to another person.

As such, the gift money you are receiving from your tribe should be your own separate money. As to the house you own and purchased before marriage, assuming the debt load is not paid off in full, your soon be be "ex" might only be entitled to a percentage of appreciation of the home's equity (50%) from the date of the marriage onward if marital funds were used to pay down the property's presumed mortgage.

 


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