Legal Question in Family Law in Colorado

Property before marriage

My wife and I are trying to do a simple no fault/no contest divorce. We have only one mutual asset (a manufactured home)There are no kids or anything else involved. Does this trailer count as a marital asset that has to be split/sold etc. even though it was bought before we were married?


Asked on 7/07/04, 8:31 pm

1 Answer from Attorneys

The Harris Law Firm, P.C The Harris Law Firm, P.C.

Re: Property before marriage

Any assets or property acquired after the date of marriage is considered to be marital property. However, marital property also includes the increase in value of property after marriage, even if only one of the parties owned the asset prior to the marriage. For example, if one of the parties owns a house worth $100,000 as of the date of marriage, and at the time the parties divorce, the house was sold for $150,000, then $100,000 of the proceeds would be separate property, and the $50,000 would be considered marital property and divided between the parties.

As to what you decide to do with the manufactured home (sell it or keep it), one of the parties can keep it as long as they reimburse the other party for their share of the property. If the two parties can't agree, then a Court would order that it be sold and then divy up the proceeds.

Hope this helps - best of luck to you.

Sincerely,

Christine C. Nierenz

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Answered on 7/08/04, 12:53 pm


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