Legal Question in Family Law in Colorado

real property purchased before marriage

my boyfriend & his not yet ex-wife purchased a condo 1 year before they married. The condo is in the wife's name as my boyfriend had credit problems. He allowed his wife (then girlfriend) to borrow against his truck for the down payment for the condo. She left him after 10 yrs of marriage, he's lived in condo for 2 yrs paying the mortgage, etc. Now she is threatening to evict him/us. What are his rights? Is he entitled to a portion of proceeds when condo sold? Can she evict him/us?


Asked on 5/15/00, 10:09 pm

2 Answers from Attorneys

Stanley Spring Stanley A. Spring, Attorney at Law

Re: real property purchased before marriage

As a generic answer, the wife owned the condo before marriage and is the titleholder. If the ex-husband/boyfriend made payments and the mortgage was paid out of marital assets he is entitled to one-half of that contribution as well as one-half of the appreciation of the property. Check with an attorney to make sure you have all of the facts laid out. As far as the eviction yes, but he has a counter claim for the equity. Again, he should run, not walk to get his own attorney.

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Answered on 7/04/00, 1:48 pm
Stanley Spring Stanley A. Spring, Attorney at Law

Re: real property purchased before marriage

As a generic answer, the wife owned the condo before marriage and is the titleholder. If the ex-husband/boyfriend made payments and the mortgage was paid out of marital assets he is entitle to one/half of that contribution as well as one-half of the appreciation of the property. Check with an attorney to make sure you have all of the facts laid out. As far as the eviction yes, but he has a counter claim for the equity. Again, he should run, not walk to get his own attorney.

Read more
Answered on 7/04/00, 1:50 pm


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