Seibert, CO Divorce Law Firms & Lawyers

Regardless of the prenup, given the short marriage, you should be able to recoup at least the $50k (it would likely be considered separate property even if the prenup was invalid). Is the new house titled jointly - that could complicate things based on the language in the pre-nup, but the courts divide property equitably, not equally, so the court could still give you the first $50k even if the property is jointly titled. I'd want to see the pre-nup and discuss the facts to give you a more certain response. You might be a good candidate for our flat fee uncontested divorce services - for $795, we prepare all the documents and agreements for you and you get up to 60 minutes of additional consultation time with one of our attorneys to ensure that the documents and agreements are prepared correctly (this is especially important where real estate and mortgages are involved) and that you are getting a fair deal. We also can help expedite the process. We offer a free 20 minute initial consultation if you'd like to give us a call. I hope this helps. 

If you had a careful lawyer, he or she would have seen to it that he gave you a mortgage on the real estate. If the time for payment has not yet passed, however, there is not a lot you can do, because he has not yet violated the divorce decree or Marital Settlement Agreement.