How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask BizMatters Your Own Question
BizMatters , Lawyer
Category: Family Law
Satisfied Customers: 1132
Experience:  JD -NYS Bar
Type Your Family Law Question Here...
BizMatters is online now
A new question is answered every 9 seconds

I live in Colorado and going through marital problems. My

Resolved Question:

I live in Colorado and going through marital problems. My wife has rushed into signing a Buy-Sell Agreement to purchasea condominium with my agreement or signature. Our entire family is trying to convince her to just try marriage counseling, which I am 100% committed to doing. But I must protect my legal rights as she is proposing to leave me with significant marital debt and a very expensive home I cannot afford without her salary contribution. I make $140,000/year...she makes $40,000. Please advise what steps I can take to cease her condominiun purchase.
Submitted: 7 years ago.
Category: Family Law
Expert:  BizMatters replied 7 years ago.

HiCustomer Thank you for asking your question on JustAnswer. The other Experts and I are working on your answer. By the way, it would help us to know:
-Could you explain your situation a little more?u


The house you have in Montanna is in both you and your wife's name?

Did you sign the buy-sell Agreement already?

Do you own a new home -in Colorado - which also has her listed on the title?

Thank you again for trusting us with your problem. Please reply as soon as possible so that we can finish answering your question.

Customer: replied 7 years ago.

No, the house in Montana was purchased in July 2007, a few months before we married. It is in my name only.


I have not signed anythign related to the condo my wife has pursued purchasing. Apparently, she signed a Buy-Sell Agreement on her own.


We do not own the home we have in Colorado. Because the home in Montana did not sell, we had to rent a house here in Colorado. She and I are both signators on the lease.

Expert:  BizMatters replied 7 years ago.


Colorado is an equitable distribution state, so in the event of a divorce, the court will look to divide marital assests in a manner that is fair. This does not mean a 50/50 split necessarily.


In your situation, since your spouse does not seem amenable to counseling, you should move quickly to get a Marital Propety Settlement agreement developed. This agreeement will help you to establish what portion of the assets/debts incurred during the marriage will be your responsibility and what will be her responsibilty. Generally, the courts will accept these agreements as written. As part of this agreement, you will want to request that she continue to make her current rate of contribution for the rent (or that portion needed for you to make the payment).


Because it is unclear that she will continue to make payments until your current lease expires, do not sign any documents that will cause you to incur more obligations. Depending on how much of the $75,000 you currently owe will remain your responsibility after the Settlement Agreement is finalized she may find it reasonable to work this out amicably with you while the current leas is enforceable. Is this debt related to the mortgage on the house in Montana? or does it include other debt incurred during the marriage? Did you re-finance the house after you married -- or is the mortgage the original mortgage in your name only? Has the house appreciated since you purchased it? Can you establish that her income was relied upon to help pay for the mortgage and other marital debts? Did you each maintain separate bank accounts?


The answers to these questions will affect the outcome and you will need to review with an attorney. In Colorado, the higher income earner will generally be required to carry a larger portion of the debt. You can also be made responsible for debts incurred by your spouse during the marriage. For these reasons, it is important that you move forward to get a Settlement Agreement which outlines what you will be held responsible for if you cannot get her cooperation to work out your current debts. This Agreement will need to state that any debt incurred by either spouse after the Agreement is the sole responsiblity of that party as of the date stated in the Agreement.






Please click on ACCEPT if this information was helpful.

The information provided is general in nature only and should not be construed as legal advice or as creating an attorney-client relationship. You should always consult with a lawyer in your state.

PS: If the answer appears to have been very helpful, or has provided extra research to provide you with a full understanding of an issue, a bonus is nice way to say "Thank you".








Customer: replied 7 years ago.
  1. Is there any legal way to stop her from closing on this condominium?
  2. No, the house in Montana has not been refinanced and is still only in my name.
  3. No, the house has actually dropped in value by approximately 10% (roughly $50,000).
  4. Most of the $75,000 is other debt accrued during the term of the marriage, not house-related.

Please help me with #1 above and I will be very happy!



Expert:  BizMatters replied 7 years ago.


Legally, she is an adult and can enter into contracts on her own. As a spouse, you can protect yourself by pursuing the Settlement Agreement noted above. You can also take the unusual step of requesting a family law attorney to "stop" (enjoin her temporarily) from closing on this property until the Settlement Agreement is executed, to protect your exposure to additional debt.


As a practical matter, her credit report will also show all the marital debt, if she is also listed on those obligations. In light of her current salary, -- will she qualify for additional mortgage without you as a co-signer?



BizMatters, Lawyer
Category: Family Law
Satisfied Customers: 1132
Experience: JD -NYS Bar
BizMatters and 8 other Family Law Specialists are ready to help you

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
< Previous | Next >
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL

Meet The Experts:

  • Ely


    Counselor at Law

    Satisfied Customers:

    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
< Last | Next >
  • Ely's Avatar


    Counselor at Law

    Satisfied Customers:

    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • LawTalk's Avatar


    Attorney and Counselor at Law

    Satisfied Customers:

    30 years legal experience. I remain current in Family Law through regular continuing education.
  • Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.


    Satisfied Customers:

    I provide family and divorce law advice to my clients in my firm.
  • Tina's Avatar



    Satisfied Customers:

    JD, 17 years legal experience including family law
  • P. Simmons's Avatar

    P. Simmons


    Satisfied Customers:

    16 yrs. of experience including family law.
  • Barrister's Avatar



    Satisfied Customers:

    Attorney with 15 years experience
  • AttorneyTom's Avatar



    Satisfied Customers:


Related Family Law Questions