Can I SUE FOR MY HALF of the accrued equity of our house. It was due to no fault of m

[Lilsox72]

What is the name of your state (only U.S. law)? Colorado

 

[Lilsox72]

Equity in our house

What is the name of your state (only U.S. law)? Colorado

Can I SUE FOR MY HALF of the accrued equity of our house. It was due to no fault of mine I was forced to leave an abusive situation and now I had to move and now he says he owes me nothing from the house we picked out and acquired the house together all of my income in that time was put back into the household. We purchased our house for 180,000 almost four yrs ago and equity of house is 120,000 or more just equity. Can I SUE FOR MY HALF of just the equity in our house. I'm not asking for what he put down on house or for his half of the equity. Just 60,000 or what would be my half of the 3 and half years I invested in what I thought was our home. Now me and my 10 yr old son have no where to go no money to move into a new place. Not to mention my son horribly terrified of my ex from watching him abuse and hit on and attacking me in front of him. There was a domestic charge in which he was found guilty of during this 3 and half years also. What are my legal rights under common law

 

[HRZ]

Your question is better asked of a seasoned divorce lawyer in CO as part of a divorce and property division action. .

AS it stands right now you seem to have a legal right to move back in and or use your share ...and your leaving was your own choice ( even if motivated by fear for your safety )

 

[xylene]

Don't take legal advice from your ex.

Contact a domestic violence group for help.

Are you married?

 

[LdiJ]

Can I SUE FOR MY HALF of the accrued equity of our house. It was due to no fault of mine I was forced to leave an abusive situation and now I had to move and now he says he owes me nothing from the house we picked out and acquired the house together all of my income in that time was put back into the household. We purchased our house for 180,000 almost four yrs ago and equity of house is 120,000 or more just equity. Can I SUE FOR MY HALF of just the equity in our house. I'm not asking for what he put down on house or for his half of the equity. Just 60,000 or what would be my half of the 3 and half years I invested in what I thought was our home. Now me and my 10 yr old son have no where to go no money to move into a new place. Not to mention my son horribly terrified of my ex from watching him abuse and hit on and attacking me in front of him. There was a domestic charge in which he was found guilty of during this 3 and half years also. What are my legal rights under common law

Is your name on the deed? Were you married or not married?

 

[Just Blue]

OP asked this very same question back in 2016. She was asked follow up questions and never responded.

 

[Lilsox72]

We lived together as married I have signed his last name as mine on things like debit

We were common law married. For 3 1/2 years. My son is only my son which I share custody of half of every week. My ex and I do not have children. Do I need to first file for devorce.

 

[Lilsox72]

No we was going to my name on deed but due to my credit we both verbally agreed to put it in his name as to not slow down the purchase of the house. Etc. I have texts and written statements of him stating it was our house I have a paper signed by him also of him bequeething the house to me also if something was to happen to him. Don't know if that matters or if those things hold up in court.

 

[Just Blue]

No we was going to my name on deed but due to my credit we both verbally agreed to put it in his name as to not slow down the purchase of the house. Etc. I have texts and written statements of him stating it was our house I have a paper signed by him also of him bequeething the house to me also if something was to happen to him. Don't know if that matters or if those things hold up in court.

I would advise you to consult with a Divorce Attorney with special knowledge in Common Law. IF you are legally common law married.

 

[Taxing Matters]

We were common law married. For 3 1/2 years. My son is only my son which I share custody of half of every week. My ex and I do not have children. Do I need to first file for devorce.

Assuming that you were indeed married under common law in Colorado (and it takes more than just living together/having sex to be married under common law) and that you both are on the deed to the property then you have two potential options to get your money from the house if you cannot reach agreement with your husband on the matter: file for divorce and seek your share of the marital assets (including your share of the house) or seek a partition sale of the property through the court. Chances are you will need to file the divorce anyway if the relationship is over and you are likely to come out better that way. A partition sale of the property, if you both can't reach agreement before the sale occurred, is not a great option as partition sales often bring bids that are quite low relative to the market value of the property. I suggest you start by seeking advice from a Colorado divorce attorney to see if (1) you do in fact have a common law marriage and (2) if you are married what you would get out of the divorce split of marital property.

 

[Just Blue]

No we was going to my name on deed but due to my credit we both verbally agreed to put it in his name as to not slow down the purchase of the house. Etc. I have texts and written statements of him stating it was our house I have a paper signed by him also of him bequeething the house to me also if something was to happen to him. Don't know if that matters or if those things hold up in court.

Taxing Matters..as posted ^ OP's name was not on the deed.

 

[Taxing Matters]

No we was going to my name on deed but due to my credit we both verbally agreed to put it in his name as to not slow down the purchase of the house. Etc. I have texts and written statements of him stating it was our house I have a paper signed by him also of him bequeething the house to me also if something was to happen to him. Don't know if that matters or if those things hold up in court.

All the more reason to see a divorce attorney. You stand a much better chance to get your share of the house if you are married and divide it up in a divorce than you do otherwise. Since your name is not on the deed establishing that you are entitled to a share of the property is going to be more challenging if you are not married.

 

[xylene]

All the more reason to see a divorce attorney. You stand a much better chance to get your share of the house if you are married and divide it up in a divorce than you do otherwise. Since your name is not on the deed establishing that you are entitled to a share of the property is going to be more challenging if you are not married.

The op may need to pursue a different tactic. Damages for bodily harm, illegal eviction, trashed property, restraining order, etc.

OP needs an advocate in her corner.

 

[Taxing Matters]

The op may need to pursue a different tactic. Damages for bodily harm, illegal eviction, trashed property, restraining order, etc.

I’m not seeing grounds for “illegal eviction” and nothing that suggests a claim for “trashed property.” Certainly if she suffered harm from the alleged abuse she may sue for the damages suffered in that and she certainly may see an order of protection if there is not one already resulting from the criminal case against him.

But the OP did not ask about that, she asked about the house. And for the house, divorce is likely the best avenue to pursue for her share in it, assuming there is a common law marriage.