The division of property during a divorce can be one of the most contentious and highly disputed aspects of these cases, especially when there may be a lot of marital assets and/or when one party may be particularly embittered about the divorce (or some actions that have led to it).
Because Colorado law stipulates that property division in divorce cases should be “equitable,” often times, the issue at hand when it comes to dividing property is whether or not certain assets are considered to be marital property or separate property.
At Goldman Law, LLC, our Denver divorce attorneys are highly skilled at overseeing the division of property in Colorado divorce cases. Our extensive experience, thorough knowledge of the law and our sharp negotiating and litigating skills have helped us build a track record of success when it comes to favorably resolving property divisions issues for our divorcing clients.
The bottom line is that you can trust us to provide you with superior representation and help you work out the best possible property division agreements for your Colorado divorce.
Property Division: Marital Property versus Separate Property
One of the first matters that must be resolved when it comes to property division in divorce is determining what the marital assets are – in other words, what is the specific property that has to be divided. In general, property that will be considered to be among the marital assets will include (but may not be exclusive to) property:
- Acquired during the course of the marriage
- Comingled substantially with marital assets (such as in cases when separate bank accounts are merged with marital funds).
In contrast, separate property (i.e., non-marital assets) will generally include property that:
- An individual owned prior to the marriage
- Was acquired by one individual after the partners officially separated
- An individual specifically inherited (regardless of whether this was during the marriage or not).
Instances when separate and marital property is comingled or when separate property increases in value during the marriage can make it far more complicated to rule on whether or how much of the property is considered to be a marital asset. In these cases, having attorneys on your side will be critical to furthering your interests in the division of property.
Equitable Division of Property in Colorado Divorce
While it may be possible for couples to come to an agreement regarding how the marital assets should be divided and distributed in the divorce, in many cases, this can bring about very heated disputes that may need to be settled by a family court judge. When matters regarding property division in divorce are left up to a judge, the judge will usually consider the following when determining what is an “equitable” division of the property:
- The economic standing of each individual
- The value of the marital property
- Whether separate property increased in value during the course of the marriage
- What may be reasonable in terms of access to specific property (especially for considerations of using a family home when there may be children involved).
Keep in mind that these are not the only issues that will be considered when it comes time for judges to make decisions regarding property division in divorce cases and that the specific aspects taken into consideration can vary from case to case.
Denver Divorce Lawyers at Goldman Law, LLC: Putting You and Your Needs First
If you are going through a bitter or disputed divorce in Colorado, you can trust your case in the hands of the experienced Denver divorce attorneys at Goldman Law, LLC. At Goldman Law, LLC, we know how distressing and complicated contested divorce cases can be, and we also know how to fight for our clients’ and advance their interests in any legal setting.
To learn more about how we can help you with your divorce case, contact us by calling (303) 656-9529 or by emailing us using the contact form on this page.
From our offices in Denver, we serve clients throughout Colorado.