verbal agreement a separate between married couple

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verbal agreement a separate between married couple

if another home is purchased during
only a verbal separation of a married
couple in only the purchasers name does
the other half of the married couple
still have legal rights to half of the
purchase because no divorce decree for
legal separation was filed

Asked on December 15, 2016 under Family Law, Colorado

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

As a general rule, assets are divided as of the date of the filing for a legal separation. However, if marital assets are used to buy a house, those marital assets are part of the total that will be divided. If marital funds are used for the down payment this would also be considered in the property division. If the funds used are separate property, then in that case, you keep separate property separate so that it does not become a marital asset. Accordingly, if you buy the house alone using only that money and your spoouse never lives there or contributes to upkeep, it will likely remain as separate. That having been said, before you do anything, consult with directly with a local divorce attorney so that you can be sure of your rights under applicable state law.


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