Property Division

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

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

By: James C. McTurnanThe judge in a divorce case has the unenviable task of disentangling the lives and livelihoods of spouses who are unable to reach agreements on their own. Often, the lives of divorcing spouses are complex, and it is not unusual for any case to have its fair share of

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

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

By: Jessica A. Saldin In most divorce cases, the parties are either still living together when the case begins or have recently separated.  However, it is also not uncommon for parties to have separated several months, or even years, before the divorce case is filed.  In my experience that can be for

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

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

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

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