What happens when Eric Wolf borrowed money from a friend or family at some point in the marriage to assist in making a down payment on a house? Is that loan a marital debt that they both properties are responsible for paying back?  

After determining if it was a loan or a gift, Ryan breaks down the different factors that the court looks at to determine whether or not a borrowed amount is a real debt.  

Some of the factors are:

•  Is there a written agreement?
• Has interest been charged?
• Fixed schedule of repayments?
• Collateral given?
• Have payments actually been made?
• Was there a reasonable prospect of repayment?
• Did the parties conduct themselves as if it was a loan?
• Statute of limitations

For further information on gifts to the marital estate, you can also listen to Episode 84 on Economic Fault and Dissipation of Assets and Episode 90 on Gifts to the Marital Estate.

Step by Step Colorado Divorce Guide

The initial thought of trying to file for divorce can be overwhelming and emotionally exhausting. 

Ryan Kalamaya, one of the founding partners of innovative law firm Kalamaya | Goscha, has created a simple, step by step guide to the Colorado divorce process, so you know what to expect and how to best protect yourself and your assets.  

Each 5-minute episode will cover the process for divorce, parenting in a divorce, property division, and more. To watch the videos of each episode, click here.

About Kalamaya | Goscha

Kalamaya | Goscha is an innovative law firm with an award-winning team of trial lawyers specializing in highly personal disputes — divorce, child custody, property division, maintenance/alimony, pre-marital and marital agreemen

What is Divorce at Altitude?

Ryan Kalamaya and Amy Goscha provide tips and recommendations on issues related to divorce, separation, and co-parenting in Colorado. Ryan and Amy are the founding partners of an innovative and ambitious law firm, Kalamaya | Goscha, that pushes the boundaries to discover new frontiers in family law, personal injuries, and criminal defense in Colorado.

To subscribe to Divorce at Altitude, click here and select your favorite podcast player. To subscribe to Kalamaya | Goscha's YouTube channel where many of the episodes will be posted as videos, click here. If you have additional questions or would like to speak to one of our attorneys, give us a call at 970-429-5784 or email us at [email protected].

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DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.