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I am selling a property with my husband (we are going

Customer Question
I am selling a...

I am selling a property with my husband (we are going through a divorce). I put all of the money down on the property and the title is in both of our name. The mortgage is in his. We had an agreement that the house was my assets and I am wondering how funds are distributed after a sale.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Colorado

Lawyer's Assistant: Has any paperwork been filed?

For the divorce? Not yet

Submitted: 4 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
3/13/2018
Real Estate Lawyer: Legal Eagle, Lawyer replied 4 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 13,231
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Customer reply replied 4 months ago
Do you see my question above? Answer please?
Real Estate Lawyer: Legal Eagle, Lawyer replied 4 months ago

Thanks for your patience. So, the answer to your question is that if you and your husband had an agreement that the house was your asset, then the funds are going to come to you, regardless of whether you're going through a divorce. The only trouble you may run into is if this agreement is not in writing. Post-nuptial agreements typically must be in writing for them to be valid. Was this agreement in writing?

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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