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Maverick, Lawyer
Category: Family Law
Satisfied Customers: 6392
Experience:  20 years of professional experience
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I live in Colorado and am currently renting and am under

Customer Question

I live in Colorado and am currently renting and am under contract to purchase a home. My marriage is on shaky ground and I am looking to seek marriage counceling and therapy for my wife. My question is since Colorado is a marital property state if I am unsure of the sustainability of my marriage and do not want her to have any rights to the newly purchased home if things do not improve and I have to file for divorce.
I read that there are options to have papers written up that the property is not marital before purchasing but I don't know how true that is, and I also read that if I file for and am granted legal separation before closing on the home it is not considered marital property.
Keep in mind she is not providing any income and the house will be in my name as well as the mortgage
Submitted: 11 months ago.
Category: Family Law
Expert:  Maverick replied 11 months ago.

Welcome! My name is***** give me a few minutes to analyze and/or research your inquiry and I will be back.

Expert:  Maverick replied 11 months ago.

The law that applies is here. It states in relevant part:

(2) For purposes of this article only, and subject to the provisions of subsection (7) of this section, "marital property" means all property acquired by either spouse subsequent to the marriage except:

(a) Property acquired by gift, bequest, devise, or descent;

(b) Property acquired in exchange for property acquired prior to the marriage or in exchange for property acquired by gift, bequest, devise, or descent;

(c) Property acquired by a spouse after a decree of legal separation; and

(d) Property excluded by valid agreement of the parties.

So, if she signs a separation agreement saying she has no rights to the house upon divorce then that works; or if you get a decree of legal separation before title vests in your name, then that should also work.

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