by questful | Sep 8, 2019 | Financial, Uncategorized
My spouse wants to quitclaim me off the Deed of our home in Denver, Colorado. What should I do? Most couples think once a spouse has been quitclaimed off a property deed of trust in Colorado Divorce, they are no longer responsible for the mortgage payments. By giving a quitclaim deed to your spouse, you have given up title “only” in the property.
I would strongly suggest you either refinance your Colorado real estate immediately or sell the house and forgo the quitclaim deed. The quit-claim deed is often used as a simple way to give up all interest rights in real estate. By giving up title to the property in a Colorado Divorce, you are still responsible for any loan that is in your name.
Typically, the spouse who keeps the real estate must refinance or sell the property to remove any mortgages. If you are quitclaimed off of the property, you still are financially obligated to make the mortgage payments on the house during the sale or refinance period. If mortgage payments are not made or made late, this could damage your credit score and affect your ability to purchase another house in the future. From our experience with separation of real estate in a divorce, we have seen one spouse intentionally make late mortgage payments to spite the other spouse. In addition, we have seen ex-spouses forgo the general maintenance on the house; whereby reducing the saleability of the house.
There is no reason to quitclaim either spouse from the real estate in a Colorado Divorce until the day of decree is final. Again, you need to protect your interest and make sure that any agreements regarding the mortgage should be carefully specified in the decree.
I would strongly recommend you seek legal advice prior to making any decisions regarding the dissolution of any interest in your Real Estate portfolio.
Damon Chavez, Realtor
10135 West San Juan Way, #100
Littleton, CO 80127
Phone: (303) 649-6767
damon@coloradohousefinders.com
www.coloradohousefinders.com
by questful | Sep 8, 2019 | Collaborative Law, Uncategorized
You and your spouse have decided it’s better off for everyone to get a divorce, but if you and your spouse are getting along just fine, do you really need an attorney? Don’t attorneys just make things worse? If you do it yourself, what’s the worst that can happen?
Most couples experience serious sticker shock when meeting with a divorce attorney for the first time. You want how much?!?! How come you can’t tell me the final number this is going to cost me? After leaving the office, you will think to yourself “How hard can it be to get divorced?” You do an online search and BAM there’s a website that just gives you forms you need for FREE!! All you have to do is fill in the blanks, mark a couple of boxes and you are divorced, right? This may seem like a no-brainer if you’re getting along and are willing to reach an agreement. Unfortunately, there can be serious consequences in a do-it-yourself divorce even if you are getting along with your spouse.
Did you know that one of the only careers where a pessimistic personality is seen as a positive attribute is being a lawyer? Attorneys are trained to look at any situation and automatically think worst case scenario and then navigate ways around that worst-case scenario by adding in protections, making sure enough details are included. This is what most do-it-yourself divorcing couples fail to do. Most couples that are going through an amicable divorce never foresee that the parties won’t always see eye to eye, but it does happen. This can lead to agreements that are frustratingly vague and possibly unenforceable.
Attitudes and feelings towards each other can change greatly even after the divorce is final. If something comes up and the Court has to get involved, it quickly becomes more expensive than if the couple had hired attorneys in the first place. It is a lot harder to undo a bad agreement that has become an order of the Court then it is to have the agreements and orders prepared correctly the first time.
However, hiring an attorney may not look like you assume. Divorcing couples have numerous options when it comes to getting a divorce. One option is “kitchen table divorce.” This describes couples that are getting along and can sit down at the kitchen table and go through all of their assets and debts and decide who gets what. They file the paperwork with the Court themselves. Even so, it will always benefit you to hire an attorney to review the agreements to ensure there will be no surprises down the road.
Couples can also reach a settlement through mediation. The mediator acts as a neutral negotiator who assists the couple in reaching agreements in dividing the assets and debts and also issues related to parenting and child support. Attorneys may or not be involved in mediation. If you are getting along with your spouse, but just need help with reaching the agreement, mediation may be the way to go. You and your spouse can contact the mediator directly and share the costs. The mediator will not help file any of the court documents, so you will need to do it yourself or hire an attorney to assist you.
Collaborative Divorce is also an option. Collaboration takes a team approach by using neutral experts and working together to reach agreements thereby allowing the couple to make their own decisions on the outcome of the settlement.
The final option for couples is the “traditional” divorce through the court system with attorney. This can be the most expensive with the parties taking an adversarial position against each other but is necessary if the parties are combative and not willing to compromise.
So, do you really need an Attorney? The short answer is Yes, but it may not look like you first imagined. An understanding attorney can help with any of the above scenarios and tailor our services to meet your families’ needs.
Sarah Wolter, Attorney
by questful | Aug 16, 2019 | Emotional, Uncategorized
As most of us were growing up and being socialized, we were taught the skills to get along with others. Barring personality disorders, mental illness or other major impediments there is little that holds us back from the exercise of those fundamental skills which we commonly refer to as manners or common courtesies. We use them in our everyday interactions with strangers we meet in passing: we hold the door on an elevator, we smile and say hello, we ask an older person if they need help, or we let someone with only a couple of grocery items go ahead of us. These are the common courtesies that we casually extend to strangers. We feel good about ourselves when we extend kindness to others.
Following or leading up to divorce or separation, the common courtesies may disappear. Relationships may be fraught with conflict and anger and most people are not at their best. Relationships with the ones we have divorced or separated from become strained and lack the simple common courtesies that we extend even to strangers. To build a more positive future, a return to those courtesies is needed. There seems to be an even greater need for them with the people we are or were closer to than there is with strangers.
These are the people we have shared a deep and intimate bond with. Usually there is an ongoing relationship because there are still children to be raised together. While it may be easier to give a stranger the courtesies we think of as common because we don’t have the anger and history we have with an “ex” the truth is that we also don’t have the intimacy and shared family bonds. Finding the ability to give to that person the same treatment that you give regularly to strangers should not be so difficult when you consider the reward to yourself and to your children. Ask yourself – what prevents you from extending those courtesies to the other person? Are you extending those courtesies to your children? Think about it. Think about the example to set for your children. Examine your motives. Then make the effort and commitment.
This simple, but admittedly difficult, change in perspective to extend social kindness and respect may bring surprising changes to our lives and those of our children. Modeling behavior for our children is a basic parenting skill. More importantly, it brings more civility to your own life and to those around you.
David S. Rolfe
Attorney/Mediator
David S. Rolfe, L.L.C.
Off: 303-841-1181
by questful | Aug 6, 2019 | Parenting, Uncategorized
Your Parenting Plan is the “master schedule” for the lives of you and your children after divorce. As a result, you should put it together carefully, making sure that it meets the unique needs of each family member.
When creating your Parenting Plan, you should discuss the following topics with your spouse:
- Parenting Schedule: What will your regular parenting schedule be? You should include details of the exchange, including a meeting place, time, and who is responsible for picking providing transportation.
- Holidays: In addition to major holidays, such as Spring Break, Thanksgiving, and Christmas, you should also think about other days that are important to your family. Some holidays to consider are: Memorial Day, Labor Day, New Years’ Day, Fall Break, July 4th, Easter, and Halloween.
- Vacations: How long of a vacation can each parent take with the child? Should there be parenting time with the other parent immediately before and after the vacation? How far in advance of the vacation do the parents need to notify each other?
- Extracurricular Expenses: If the child is enrolled in extracurricular activities or sports, how will the parties pay for these activities? Is there a limit on the number of activities in which the child will be enrolled?
- Decision-Making: Who will make major decisions for the children (educational, medical, religious, and extracurricular activities). Which parent’s address will be used for purposes of school registration? Do the parties wish to have the child attend a private school, or the normally assigned public school?
- Child Support: Child support is calculated through a worksheet on the gross income of both parties, along with other additions for health insurance, work-related child care costs, and extraordinary medical expenses. Be sure to include a due date for payment of child support. You should also choose whether child support payments will be made directly between the parents, or through the Family Support Registry.
- Dispute Resolution: The Parenting Plan should outline methods by which the parents can resolve a dispute, preferably without having to go back to court. There are many tools available to parents, including the use of parenting coordinator, decision makers, mediation, and arbitration.
- Medical Expenses: How will you split medical expenses for the children? In addition, one parent should be responsible for providing health insurance for the child.
- Dependent Tax Exemption: This is usually alternated between the parties in proportion to their income. Be sure you clearly define who can take the deduction each year.
- Exchange of Financial Information: You should include a provision that the parties will exchange tax returns each year, to determine whether child support should be re-calculated.
Katelyn Ridenour, Esq
One Accord Legal, LLC
katelyn@oneaccord.legal
