Equitable Distribution

[Ohiogal]

CO law says that all property gained in the marriage, despite the duration, is marital and has to be split "equitably" and that includes any increase or decrease in value of separarate property owned before the marriage. So, he has to split the gain or loss of value on his home for 11 months, he has to split the money in checkings and savings - before he cleaned them out, he has to split the new vehicle, he has to split everything else he/we bought for 11 months - patio furniture, and thousands in home improvemens. So, regardless of whether it was 11 months or 11 years, CO law says everything purchased after the wedding date is marital property and has to be split equitably - and that is my question - how will a judge likely determine "equitable" - 1/2, 1/3?? Just because it was a short term marriage does not excuse my husband from having to split the marital assets. In regards to the duplex, the law is very clear that it has to be split 50/50 as JTIC - and it is the largest asset or worth the most. He can't just get out of this and take everything just because I want to get away from him.

The bolded portion is incorrect. Because NOT EVERYTHING purchased during the marriage is necessarily marital property -- ONLY those things purchased/maintained with marital income is considered marital propty. As for equitable that depends. NO ONE can give you a fraction.

 

[Ohiogal]

You've been married 11 months and you expect temporary maintenance? He has to support you as he is military HOWEVER he is doing that. If you choose to leave that support don't expect cash. SPOUSAL support is NOT a requirement in ANY state. How did you support yourself before you got married? Why arent you working? Are you receiving child support for your child?

 

[profmum]

I can't move without a job. I moved from MT a year ago to marry my husband. I quit a job there to move to CO to get married. He has been a nightmare - been violent to me on 3 different occasions, locked me and my daughter out of the house for 3 months. Refused to pay any BAH until forced after 2 months. I am only still here because I believed his lies and because I haven't had a job.

I am hoping to get a job offer next week or the week after. IF I get the job, then I can move. I can finance the move on credit cards, but without a job I can't/won't do it.

He" is my husband. The victim's advocates and the social workers and counselors on base are all telling me it is likely the military will "strongly recommend" that my husband retire in May. Based on his past behavior and threats and from what I have learned - if the military forces him to retire he will blame me and probably try to get revenge on me. Unbelievable - I have nothing to do with it.

I don't understand this.. you can finance the move on credit cards and put a legal retainer on the same if you want to to get away from a man you claimed was violent to you and will get revenge on you if he is forced to retire. One can only imagine what an alleged abuser claims as revenge.. but you won't do what is safe and sensible for what again?? Read your own words " he will become worse when he is losing control", he hit you in front of your daugther" etc etc because you don't want to be a "victim" and have the sense of entitlement in a 11 month marriage?? If he really is as violent as you claim and he is facing triggers that could set him off, the ONLY sensible thing is to MOVE away.

"

 

[Welcome 2 CO]

Message to freeadvice

Your law forum is unnecessarily hostile. I have been posting my advice and your senior members have used the forum to attack my comments. They claim they are pointing out erroneous statements, however, rather than prove my statements are wrong, they make personal attacks, call names and threaten to get me kicked off of the forum. I have given very good advice in a sincere attempt to help people posting. Would you please have a moderator ask them to stick to the subject - giving free advice - the poster - and not attack others who post in response? It has been commented on by other new members and could potentially ruin your site. I appreciate your attention to this matter.

 

[Just Blue]

Your law forum is unnecessarily hostile. I have been posting my advice and your senior members have used the forum to attack my comments. They claim they are pointing out erroneous statements, however, rather than prove my statements are wrong, they make personal attacks, call names and threaten to get me kicked off of the forum. I have given very good advice in a sincere attempt to help people posting. Would you please have a moderator ask them to stick to the subject - giving free advice - the poster - and not attack others who post in response? It has been commented on by other new members and could potentially ruin your site. I appreciate your attention to this matter.

We are not hostile ...We are trying to stop a poster (you) from giving WRONG information to OTHER MEMBERS! The only person to "back you up" is another new member that has also been taken to task for offing wrong advice! Your advice, at best, is irrelevant to the thread and mostly just wrong. You have been corrected by a site verified attorney and still argue that you are correct. You have had statutes posted to dispute what you have stated as LAW and you still argue you are correct. You can't post whatever you want without being corrected STRONGLY by other members. Your wrong comments could lead a member in the wrong direction and cost them their case. We will do EVERYTHING in our power to stop that from happening.

 

[majomom1]

We are not hostile ...We are trying to stop a poster (you) from giving WRONG information to OTHER MEMBERS! The only person to "back you up" is another new member that has also been taken to task for offing wrong advice! Your advice, at best, is irrelevant to the thread and mostly just wrong. You have been corrected by a site verified attorney and still argue that you are correct. You have had statutes posted to dispute what you have stated as LAW and you still argue you are correct. You can't post whatever you want without being corrected STRONGLY by other members. Your wrong comments could lead a member in the wrong direction and cost them their case. We will do EVERYTHING in our power to stop that from happening.

AND, the other New Members, and Junior Members, have "backed" the Senior Members.

I, for one, want accurate legal advice. Some of your personal opinions are a little lopsided... IMO.

I can ignore the personal opinions... but I want accurate, factual legal advice.