Pritchett, CO Divorce Law Firms & Lawyers

The disposition of real property is an issue handled in the divorce proceeding. If your parents have an agreement with you and your wife to repay them for the down payment, that could be addressed in the orders issued by the divorce court. If you purchased the home prior to the marriage, there may be an argument that your wife is entitled to less than one-half of the equity in the home. You may be awarded the home, but required to pay an amount to your wife representing part of the equity in the home.

You can call the clerk of the court to ask for copies of the papers. Depending on the process he used, he may be able to ask for money. You could make him start over if you could prove he lied when he filed stating he did not know where you are. If he only wants a decree of divorce and is not asking for any money, then you might be best off going through with it, as it?s not a good idea to remain married to someone with questionable behavior, since there are always some risks to you being his spouse. As well, if he wants a divorce, the court is going to grant it, as they will not force people to stay married, so it probably is in your best interest to go along with it if only to ensure your rights are protected. A lawyer in Colorado, like me, can enter an appearance, review the case, talk to him and help you get though it. If the case is uncontested (i.e., he is not asking for money and you are not either), it would not be expensive to have us help you (likely under $1,500).

You can file for divorce now and get a court order for him to pay for your new place. That way you can make sure he keeps his word. Or you can ask the court to move him out.