If my wife bought a home 3 months prior to marrying me while we were living together, can that home be deemed marital property?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my wife bought a home 3 months prior to marrying me while we were living together, can that home be deemed marital property?

We lived together for the last 12 plus years. My wife bought the home 3 months prior to our wedding date while I was deployed with the army. I helped in the down payment and every mortgage payment, taxes, and insurance since. Her name is on the deed only. Is this marital property?

Asked on May 17, 2012 under Family Law, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Colorado is known as an equitable distribution state where assets are divided equitably, not equally.  Property you bring to the marriage, along with gifts and inheritances received during the marriage, are considered separate property. Depending on the case law in your state, the courts will look at certain factors to determine if there was an intent for the property to remain separate. Her name being on the deed alone shows such an intent.  However, other factors can be shown to prove otherwise and any increase in the value of separate property is marital property and will be divided equitably.  Please seek legal help.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption