What legal rights does my ex husband have to monies put down on a home owned by my mother? 1 Answers as of July 07, 2011

Approx. 8yrs ago my then husband and myself could not purchase a home due to credit issues. We put 50 thousand down on a house that is owned by my mother. We are now divorcing and the kids my mother and myself are living in the house and he has left to Texas. The monies that were used was from a settlement he got from a auto accident of course we were married at that time and I was the only one employed. Does he have the right to make my mom sell the house for the monies even if the money would have been joint money because of marriage?

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John E. Kirchner, Attorney at Law
John E. Kirchner, Attorney at Law | John Kirchner
You don't provide any information whatsoever to explain why you say that the house is "owned" by your mother other than the fact that, apparently, her name is on the deed. If the ONLY contribution your mother has ever made toward the acquisition of the house is to live in it with you, it seems quite likely that a judge could find that the house is, in fact, marital property - the name on the title is not conclusive proof of anything. You say that the down payment came from your husband and that you and he had credit issues, but you don't say who is signed on the loan for the property (which apparently exists) or who has been making the payments on that loan. That could be an important fact. It is possible that a judge could ultimately force sale of the property, but no prediction is possible from such limited information.
Answer Applies to: Colorado
Replied: 7/7/2011
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