Anyone know a real estate expert/lawyer?

[fitz19d]

Unsure, but think things circling drain again. Want to be prepared with likely outcome. Been told many times if we split intention is to make the house be sold. We've had the house barely over a year, so we are not common law. Wedding is/was soon. Original Mortgage was with us cosigned, county shows both of us on it. When mortgage was sold, new company ended up with just me on it. (A mistake) I just make the payments and she pays her half of mortgage/bills.

I know in court if sued things could go any direction, but on the face of it, does one of us have a better case? I'm fairly sure I can qualify for it solo now as it's like 40% of my income and have good credit? (Then keep it solo or really get roomates) I'd prefer to just pay her out her half of the equity which shouldn't be that crazy I figure since most of the payments are interest right now. Vs the gigantic pain of getting it sale ready and it's end of season.

[ChunkyMonkey]

Court usually uses history of payment, names on deed. Name on the bill does not mean a thing if history of payment showing they have been coming out of another's checking account.


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[fitz19d]

My account, but not interested in trying to claim full ownership since it comes from my checking, maybe if she tried something else really shitty. Just hoping that "making her whole" concept from my college days by paying off her investment is plenty.

[Monky]

Fitz... You don't need a real estate expert, although a lawyer might help. It's a fairly common thing outside of marriage to purchase a house.

If it was titled with the county in your name and hers it doesn't matter who makes payments, or who got on when the mortgage was bought.

Basically if it's an agreeable separation and can be worked out as adults you won't need a lawyer. Just a refi... If it's not you will need one.

Your best bet for experience on this would be a divorce lawyer. As it's not much different



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[th3w01f]

Fitz... You don't need a real estate expert, although a lawyer might help. It's a fairly common thing outside of marriage to purchase a house.

If it was titled with the county in your name and hers it doesn't matter who makes payments, or who got on when the mortgage was bought.

Basically if it's an agreeable separation and can be worked out as adults you won't need a lawyer. Just a refi... If it's not you will need one.

Your best bet for experience on this would be a divorce lawyer. As it's not much different



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THIS^^^^

With and emphasis on "and can be worked out as adults". I know sometimes that's not possible and in that case you will definitely need a lawyer.

When my 1st wife and I divorced we agreed to split everything 50/50 (including the house and our joint account) and never looked back. It was such a non issue it took us over 6 months to actually take the time to go down and file the paperwork. When she finally sold the house (I had moved out she continued to make the payments), we both sat at the table and signed the paperwork just like we would have as a married couple and we received separate checks.

Also, there is no set time period in CO to be common law, if you agreed to live as husband and wife and presented yourselves that way in public, you're most likely married.

[Great-Kazoo]

Also, there is no set time period in CO to be common law, if you agreed to live as husband and wife and presented yourselves that way in public, you're most likely married.

Don't forget joint checking / savings accounts.

[fitz19d]

Were not joint yet, that is amongst other points of argument. We had agreed to have combined accounts, and do a separate individual for fun money account for each. ~400$/month. Aside from coming back 2 months later and wanting to lower the monthly allowance we each get, she was pushing hard that over say 1500, has to be a discussion with the other person about it as far as yes/no. (So no limits on how you spend 400/m, but if you save and spend nothing, you can't buy one larger item? When it's more likely to hold some kind of value than a bunch of petty $50 purchases??)

[Ah Pook]

Subscribing to this thread. Going through the same thing and the house will be the biggest obstacle.

[NFATrustGuy]

Lots of inaccurate information on Common Law Marriage. I would strongly suggest that anyone with questions about Common Law Marriage do a little research and NOT listen to most folks posting in this thread. Hints:

1. Owning and/or not owning property together doesn't make you married or not married.
2. Living together and/or not living together doesn't make you married or not married.
3. Having a mortgage or bank accounts together or apart doesn't make you married or not married.
4. Sleeping together and/or living together for X number of years doesn't make you married or not married.

The key is whether you "hold yourself out" as being married and whether your intent and belief is that you ARE married. One of the biggest indicators that you are most likely NOT married in the eyes of the law is that you are engaged and PLANNING to GET married at some point in the FUTURE.

[CO Hugh]

THIS^^^^

With and emphasis on "and can be worked out as adults". I know sometimes that's not possible and in that case you will definitely need a lawyer.

When my 1st wife and I divorced we agreed to split everything 50/50 (including the house and our joint account) and never looked back. It was such a non issue it took us over 6 months to actually take the time to go down and file the paperwork. When she finally sold the house (I had moved out she continued to make the payments), we both sat at the table and signed the paperwork just like we would have as a married couple and we received separate checks.

Also, there is no set time period in CO to be common law, if you agreed to live as husband and wife and presented yourselves that way in public, you're most likely married.

Yes, whatever you agree to will work. One issue that may cause the need to file a divorce is if you filed joint taxes, or obtained health insurance by claiming as a spouse.

Fell free to PM me. I don't work in the family law area, but a ton of real estate and am familiar enough with divorces.