Legal Question in Family Law in Colorado
common law marrage
I put my girl friend on my ins. and signed a affadait of common law marrage. One month later I bought a house with her help of $1000.00 towards the down payment. We have only been in the house 6 months and have only brought the loan down $2000.00. Everything is in my name only. After talking to a realtor i found that selling will cost me $8000.00 or more since there is so little equity. She says she has talked to a lawyer and wants me to pay her back every dime she has put out or she will make me sell the house.Can she do that? And if she can is she responsable for half of the cost of selling? What should I do?
1 Answer from Attorneys
Re: common law marrage
She can attempt to force a sale only in a divorce action. The cost of the sale would be a marital debt, for which she would share responsibility. How that responsibility might be divided would likely depend on other aspects of yours and her financial circumstances.
What you should do will depend on a number of things, primary of which is whether you want to remain married. If not, you will need to decide whether you want to keep the house. If you want to keep the house, you will need to negotiate a settlement with her; otherwise, the court will likely order the house be sold.
As you can tell from this answer, there are a number of facts not included in your message that preclude my giving you a more definitive answer. We offer a 45-minute consultation for $150, during which we can discuss your case in more detail. If this would be helpful, please contact Katie at (303) 299-9484 or [email protected]. I hope we can be of service to you.
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