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Property Division

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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DISPOSING OF A MARITAL HOME BEFORE A DIVORCE IS COMPLETED

By:  Curtis Wiberg In a typical divorce where a couple are owners of a home, that home is often one of the most valuable assets of the marriage, and the issues of possession and division of the net equity can become a greatest sources of dispute.  The court is tasked with a
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Divorce: Keeping Your Separate Property Separate (Part 2)

By Michelle L. Searcy In my most recent article, I discussed methods of your assuring separate property remains separate in terms of preserving good evidence for use in a dissolution of marriage (divorce) case.  However, Colorado statutes still define marital property as including increases in the value of separate property during the
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Divorce: Keeping Your Separate Property Separate

By: Michelle L. Searcy In Colorado, everything acquired by either party during a marriage is presumed to be marital property regardless of title or possession, with a few limited exceptions.  Section 14-10-113(2), C.R.S. lists those exceptions as: Property acquired by gift, bequest, devise or descent; Property acquired in exchange for property acquired
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