Leaving the marital home

[sophie_46]

I live in Colorado and my husband and I are separating. If I am the one to leave the family home do this affect my rights? He had an affair.
thanks

 

[seniorjudge]

Get a lawyer and ask him if marital misconduct affects property distribution in Colorado.

 

[Happy Trails]

Get a lawyer and ask him if marital misconduct affects property distribution in Colorado.

Colorado has done away with the adultery issue, so that isn't relevent.

No-Fault: Irretrievable breakdown of the marriage. [Colorado Revised Statutes; Article 10, Section 14-10-106].

PROPERTY DISTRIBUTION: Colorado is an "equitable distribution" state. The separate property of each spouse which was owned prior to the marriage or obtained by gift or inheritance is retained by that spouse. All other property acquired during the marriage will be divided, without regard to any fault, based on the following: (1) the contribution of each spouse to the acquisition of the marital property, including the contribution of each spouse as homemaker; (2) the value of each spouse's separate property; (3) the economic circumstances of each spouse at the time the division of property is to become effective, including the desirability of awarding the family home or right to live in it to the spouse having custody of any children; and (4) any increase or decrease in the value of the separate property of the spouse during the marriage or the depletion of the separate property for marital purposes. [Colorado Revised Statutes; Article 10, Section 14-10-113].

Above information found at:
http://www.divorcesource.com/info/divorcelaws/colorado.shtml

 

[EmuMessenger]

TN - Does this mean if for example.... A married couple buy a house, put $100k down, one person puts 80 and the other 20, that the 80 and 20 are split at divorce, then 50/50 on the appreciated equity since purchase?

 

[Happy Trails]

TN - Does this mean if for example.... A married couple buy a house, put $100k down, one person puts 80 and the other 20, that the 80 and 20 are split at divorce, then 50/50 on the appreciated equity since purchase?

No, it doesn't mean that, (but it could) it depends on whether the money used was acquired during the marriage or if you had it before marriage. Check your original post.

We don't want to complicate this thread by bringing issues that are not important to this poster.

 

[EmuMessenger]

No, it doesn't mean that, (but it could) it depends on whether the money used was acquired during the marriage or if you had it before marriage. Check your original post.

We don't want to complicate this thread by bringing issues that are not important to this poster.

OK, thanks. Acquired before. Sorry to hijack here.