Colorado Homestead Declaration following Decree of Legal Separation or Divorce

State:
Multi-State
Control #:
US-02099BG
Format:
Word; 
Rich Text
Instant download

Description

Ordinarily, the declaration must show that the claimant is the head of a family. In general, the claimant's right to select a homestead and to exempt it from forced sale must appear on the face of the declaration, and its omission cannot be supplied by extraneous evidence. Under some statutes, a declaration of homestead may be made by the owner or by his or her spouse.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

How to fill out Homestead Declaration Following Decree Of Legal Separation Or Divorce?

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FAQ

4 Steps to Converting a Legal Separation to a Divorce in Colorado Step 1 ? Figure out when you can file your paperwork with the court. ... Step 2 ? Determine where the paperwork should be filed. ... Step 3 ? Complete the necessary forms and provide a copy of them to your former partner. ... Step 4 ? File the forms with the court.

If we divorce, will my spouse be entitled to half of my house? No, Colorado is not a ?community property? state, rather, it is a ?equitable division? state which means that property is divided ing to what the Court believes is fair, but may not necessarily be equal.

Colorado is not a community property state, meaning that in a divorce, the partner that earned the property may have the ability to keep that property. If both spouses worked and financially contributed to the house, it would be considered shared marital property and should be divided equitably.

Property purchased during the marriage is marital property regardless of who's name the property is titled in. Title does not control in Colorado domestic relations court; timing does.

Colorado is not a community property state in a divorce. Colorado is an equitable distribution state, which means property will be divided by the court in a manner that is deemed fair to both parties, but not necessarily equal, if spouses cannot come to a resolution on their own.

Prior to Marriage. Any property you owned before getting married is considered separate property. If you own a vehicle prior to marriage and it remains in your name, that vehicle would be considered separate property. The same is true of homes, businesses, or other assets.

Under Colorado law, you cannot do anything extraordinary with financial matters until one of two things happens: You get a Court order; or. You get written permission from the other side.

In Colorado, a Legal Separation operates in the same exact manner as a divorce - the marital assets and debts are divided, maintenance and/or child support is awarded, and parental responsibilities are allocated; however, at the end of the proceedings, both parties are still legally married.

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Colorado Homestead Declaration following Decree of Legal Separation or Divorce