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
Property Division
We’re Still Married But We’ve Been Separated for Years. Does that Affect Property Division in My Colorado Divorce?
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
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
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
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
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
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
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