How do you file for divorce in Colorado?

How do you file for divorce in Colorado?

As the petitioner, to initiate the divorce you must go to your local courthouse (the courthouse located in the county where you or your spouse reside). At a minimum, you’ll need to file the case information sheet, summons, and petition to begin your case. You’ll also need to pay a filing fee.

Who pays the mortgage during a divorce?

Typically, mortgage debt is assigned to the spouse who makes significantly more than the other spouse. Or it goes to the spouse who is awarded full custody of the children. In those cases, one party will be required to buy out the other’s equity in the home.

Do I have to still pay the mortgage if we separate?

If you’re both named on the mortgage, you’re both responsible for the payments – including any arrears – even if one of you moves out. When you separate, you might be able to make other arrangements for paying it.

What happens to the mortgage if we split up?

Your joint mortgage will not change until you or your partner take action. This could be selling your home and splitting the money, buying out your partner or paying off the mortgage. If you plan to sell the home, both partners need to give written approval before you can put it on the market.

How can I buy my ex partner out of my mortgage?

Once you have your valuation, simply deduct the amount of mortgage you owe to find out how much equity you have. You’ll then owe your partner around half of this figure if you wish to buy them out from the mortgage.

Who gets the house in a divorce with children?

So, who gets the house in Divorce is closely linked to child custody, with the Court typically awarding the right to the primary care-giver. It is hoped that by allowing a child to remain in their home, the disruption caused by the divorce will be minimised.

How are houses split in divorce?

At divorce, community property is generally divided equally between the spouses, while each spouse keeps his or her separate property. Equitable distribution. In all other states, assets and earnings accumulated during marriage are divided equitably (fairly), but not necessarily equally.

Can my husband give me the house in a divorce?

Who Gets the House in the Divorce? If the house is separate property, the owner-spouse will get the house. If the house is community property, there are several ways it can be divided, either by agreement or court order, in the divorce judgment.

How is the matrimonial home split on divorce?

Matrimonial property is generally divided equally between the spouses after the marriage ends. As mentioned above, there is also property that is excluded from equal division after the end of a marriage called ‘exempt property’.

Is it always a 50/50 split with divorce?

Equality in Family Law means putting both parties in a similar position and invariably that means that it won’t be a 50/50, or an equal, split of the matrimonial assets in a divorce settlement.

When a wife leaves the marital home?

Desertion of the marriage is when one spouse leaves the marital home against the other’s will. For example, if you move out even though your wife doesn’t want you to, or vice versa, that could potentially be used as grounds for divorce.