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Property Division

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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Potential Marital Property Arguments in Your Divorce

By: Sarah T. McCain When dividing property and debts during your Colorado divorce proceeding, there are a number of factors to consider prior to simply dividing the property equally down the middle. There are a number of articles on this blog addressing what is marital property and what is not. Please review
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Divorce and Determining Marital Values of Appreciating Real Estate

In Denver area divorces, a court is charged with the responsibility of equitably dividing marital property under C.R.S. 14-10-113.  Marital property is generally defined as any property acquired during the marriage, regardless of how that property is titled.  The exception to this general rule is for property acquired by a spouse by
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How Will My Stocks be Divided in My Divorce Case?

By: Jessica A. Saldin When proceeding through a divorce case in Colorado, there are sometimes unique property items that raise special questions when it comes to the treatment of those items for division purposes. For example, trusts, business interests, PERA accounts, etc. all have unique aspects which have been discussed in previous
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