Legal Question in Family Law in Colorado
Divorce
My husband filed for divorce. I have worked for the past four years and made all of the mortgage payments while he was unemployed for the entire 4 years. My name is not on the house but the money used to make the payments came out of our joint checking account. He is now in the process of selling the house, can I seek an injunction to slow the process until a settlement can be made?
1 Answer from Attorneys
Re: Divorce
Thank you for your inquiry.
An injunction is automatically in effect during the time a divorce is pending. The injunction goes into effect after the Petition for Dissolution is filed with the Court and served upon the other party. The injunction prohibits either party from transferring or disposing of marital property (such as a house) without the consent of the other party, or, a court order.
To further safeguard your interests, I would recommend that you record a Notice of Lis Pendens with the County Clerk and Recorder (in the county where the home is located). This will put any potential purchasers on notice that the home is the subject of a dissolution of marriage action.
Best of luck to you,
Tawni L. Cummings, Esq.
The Harris Law Firm, P.C.
www.HarrisFamilyLaw.com
DISCLAIMER: No attorney - client relationship exists, or is in any way created by, this e-mail communication. The general information given is intended to be a starting point only by describing general aspects of the law - it is important that you consult with an attorney with regard to your specific legal rights.
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