Paradox, CO Divorce Law Firms & Lawyers

There is no cooling off period, however, the court cannot grant a divorce until 91 days after the other party is served with the divorce papers. Hope this helps.  You can reach Dave Rich at (303) 886-2516 or dave@flatironlegal.com. Dave Rich is an attorney licensed in Colorado. Answering your questions does not create an attorney-client relationship between us. You should speak with an attorney to whom you have provided all the facts in your case, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.  

The simple answer is that only the lender can remove you from the loan obligation - there is nothing you or anyone other than your husband can do. Generally, lenders will never do that unless and until the other spouse qualifies to refinance the loan in his name alone. Nothing can be done until you file for the divorce, but the divorce court cannot require the lender to remove you from the loan, no matter what your separation agreement or prenup says. Once the divorce proceedings begin, the only thing the court can do in the final settlement is order that the property be sold if your husband can't or won't refinance in a timely manner.

You don't provide enough detail for a reliable answer. Basically, the question of who owns the house (and thus has complete legal control) won't be decided until the final decree of divorce is entered. The decree will either (a) approve the parties' agreement about who gets the house or what is supposed to happen & who has control or (b) reflect the judge's decision if the parties could not agree. Until that happens, you don't necessarily have any final authority to do anything.