Swink, CO Divorce Law Firms & Lawyers

You can file in the county where you live. If you file jointly as petitioner and co-petitioner, you don't need a waiver of service. If there are no children, you should be able to get though it without any court appearances, but there are some deadlines you have to meet to avoid going to court. I hope this helps. 

Dear Sir, In 2010, if you would have had to bring money to the closing, it sounds like there was no ?profit? in the property. If your agreement was to sell and split the profits - and there were no profits to be had - you should be prepared to demonstrate those circumstances. Your biggest issue is probably going to be that 4 years after the divorce, your Ex's name is still on the original mortgage loan. It is very likely that a Judge will not simply allow her credit to be utilized (and essentially tied up) without any corresponding benefit to her. As to the quit claim, you indicated that this was necessary to facilitate the modification and that the two of you had an agreement. I think that you've answered your own question. Something needs to be done? I would recommend that you identify some solutions that are fair to the both of you, and which honor the agreements that you referenced. Good luck.

Property owned before your marriage is generally considered separate property and not divided in a divorce. However, in your particular case, it may be that your parents' gift could be considered a gift to both of you since they allowed her to put her name on the deed.Also, even if the gift were exclusively to you, you probably commingled it by putting that money into a jointly owned house. You could possibly make an equitable argument about it being yours, at least as to the initial payment; however, it's more likely that a judge would rule you had commingled it and thereby let it lose its status as separate property.