Englewood Marital Property Division Lawyer
When you’re going through a divorce, dividing up your marital estate can entail so much more than just determining the disposition of your home. “Marital property” means property of all kinds accrued during the marriage, including bank accounts, retirement accounts, real estate, business holdings, and more. Obtaining the help of an experienced and effective lawyer to deal with the division of marital property in your divorce can be the first step in ensuring that your assets are both valued and allocated fairly under the law.
Regardless of whether your case ultimately concludes with a settlement or a court hearing in front of the judge, it’s critical to make sure you have a firm understanding of how your assets should be categorized, valued, and ultimately divided. Strategy matters when it comes to pursuing an asset division plan that makes sense, both financially and logistically, and each marital estate is truly different. The Englewood marital property division lawyers at Plog & Stein, P.C. have over 70 years of combined experience dealing with all types of property division situations that can arise and will work aggressively to protect your financial interests during your divorce (and after).
Dividing Marital Property in Your Case
Pursuant to C.R.S. 14-10-113, Colorado is an “equitable division” state. As such, courts have the power to allocate marital property in a divorce according to what they believe is fair and, therefore, will not necessarily arrive at a perfect 50/50 split. If one party has a much higher income or ability to replace property, for example, unequal asset division may occur. Courts have the ultimate discretion when it comes to dividing marital property. Arguments tied into contributions to the marriage or a particular asset are things a court may entertain should your matter proceed to trial. Through any property division analysis, it should be noted that how a particular asset is titled may not matter and just because an asset may be solely in one party’s name is generally irrelevant as to the overall assessment of a case. The important thing is to work with your lawyer to understand the true value of each asset so that you can negotiate towards a fair overall outcome that ensures your future financial success.
The first step is determining what property is “marital” and what property is “separate.” You may not realize that even increases in value to your separate, pre-marital property during your marriage could be considered part of the marital estate. While you are putting together documentation for your financial disclosures, you should work with your attorney to analyze your holdings and figure out what should be considered marital and what should be considered separate.
Not all property is easily valued and some families have an array of assets of varying types. Likewise, there can be cases in which assets are hidden or dissipated. As such, the use of various financial experts may be needed. Appraisers are generally needed to value real estate. If there is a business or business interest, a proper valuation may need to be done. A forensic accountant may be necessary in case of hidden or missing assets. Furthermore, your divorce attorney should have a firm understanding of how retirement accounts, such as pensions or 401K’s are dealt with. When assessing and dividing complex marital estates in your Englewood divorce, detail matters, in both the analysis and formulation of fair and proper orders.
With any case, the Englewood marital property division attorneys at Plog & Stein, P.C. have the experience, both in and out of the courtroom, to effectively advocate for your interests when it comes time to dividing your marital property. We understand the law, court procedure, and what you are entitled to. In addition to obtaining final divorce orders regarding property, we will also be there for you to make sure those orders are followed. We understand the importance of protecting your financial future and your assets.
Strategic Case Planning for the Distribution of Your Marital Property
Protect the assets you’ve worked so hard to accrue over the course of your marriage. Speak with a knowledgeable marital property division attorney serving the Englewood community at Plog & Stein, as soon as possible. Mistakes at the beginning of the divorce process can have negative effects on the outcome of your case. Don’t risk your financial future. Call us at 303-781-0322 or contact us online.