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Property Division

Colorado Divorce and Real Estate in 2021 (Part 1)

      By:  Sarah T. McCain It’s been a few years since we last wrote about how to deal with your marital home in a Colorado divorce. The last time we wrote a substantive post, the real estate market, like the rest of the economy, as largely in a big hole.  
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How are Royalties Split During a Divorce?

By: Stephen J. Plog Colorado is an equitable division state. During a divorce, the court seeks to divide marital property equitably or as fairly as possible under the given circumstances. This often begins with the court first determining value and then dividing the marital property equally.  Keep in mind that “equitable” does
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Removing a Spouse’s Name on a House Mortgage After a Divorce

Getting a divorce will change many things in your life, including property ownership. If you received sole ownership of the family home in your divorce in Colorado, you may need to remove your spouse’s name from the mortgage. Otherwise, your spouse will remain legally responsible for paying the loan. You may benefit
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How to Distinguish Separate and Marital Property in a Divorce

Property distribution is one of the most difficult aspects of a typical divorce case. Both spouses may wish to keep shared assets such as real estate or vehicles, leading to a contested divorce. In Colorado, the courts allow divorcing couples to determine property division before forcing a judge to intervene. If the
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Tending to Marital Property

By:  Sarah T. McCain While generally issues of custody and complicated visitation schedules often seem to take precedence in divorces, the division of property and debt is an also pressing matter that should not be overlooked. Complacency can easily set in place as individuals see the court’s position of dividing marital property equitably between
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What Does “No Fault” Mean in a Divorce?

By Michelle L. Searcy Colorado law requires the court to “divide the marital property, without regard to marital misconduct, in such proportions as the court deems just, after considering all relevant factors…” §14-10-113(1), C.R.S.  People commonly refer to this provision as “no fault.”  While it seems a simple concept, parties are often
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Tips for Dividing Household Items in a Divorce

In my experience, nothing seems to annoy a judge more than being required to allocate who gets the personal property acquired during a marriage – TVs, beds, tables, paintings, etc. Accordingly, most attorneys tell their clients to try figure it out among themselves.  When valuing personal property in a divorce, unlike insurance
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Complete Financial Disclosure in a Divorce Case

In prior blog posts, we have discussed the duty of financial disclosures in a divorce.  Under Colorado Rule of Civil Procedure 16.2 (e), Colorado law not only requires an absolute duty to disclose one’s financial situation, but also how a failure to accurately disclose, whether by non-disclosure or misstated disclosure, allows a
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