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Denver Marital Property Division Lawyers

Marital Property DivisionIn divorce proceedings, one of the significant issues litigants may face is the division of the marital property acquired over the course of the marriage.  Under Colorado law, both spouses have a right to their fair share of marital property after a divorce, but what exactly that property may be can be highly contested and difficult to agree on. While the division of property can be contentious in a relatively normal divorce, property division can become exponentially more complex when dealing with multiple assets in a high-net-worth marital estate. Regardless of whether your marital assets are simple or complex, we can help you through your divorce with a fair property division.

Retaining a Denver marital property division lawyer with years of insight and experience can be invaluable during this process. At Plog & Stein, P.C., we understand the difficulties of dividing marital property in a divorce, and the toll it may take on what may have initially been an amicable case.  The first step is understanding your rights, options, and what you may be entitled to. If you need assistance properly dividing your marital assets, we can help you secure the property allocation you deserve, including enforcing orders after the case is done. Nothing matters more to us than the outcome of your case and your financial future.

Topics

Why choose our law firm?
How can our lawyers help with your case?
Property division for high-net-worth couples
Marital property division laws in Colorado

Why Choose Plog & Stein, P.C.?

The Denver family law attorneys at Plog & Stein, P.C. are committed to giving exceptional representation to Colorado residents looking to divide their marital property fairly in a divorce proceeding. Between the attorneys on our team, we have over 70 years of combined experience in all matters of family law, including the complexities of property and asset division. We understand that each case is different and that differing assets have different methods for both valuation and division.  These intricacies can have an impact on settlement discussions or the outcome at trial.

We regularly help our divorce clients with the division of all sorts of simple and complex marital assets, including:

  • Real estate (both residential and commercial)
  • Business interests
  • Retirement accounts (401K’s, IRA’s, and Pensions)
  • Investment and stock accounts
  • Alternate compensation packages, such as stock options or NQDC plans
  • Tangible, personal property
  • Prenuptial and intra-marital agreements

In any asset division case, the first step is determining whether property, in whole or in part, is marital, what the value is, and how to properly divide it. When spouses own an array of assets, coming up with a division plan that makes sense for our clients is always the goal.  Though we strive to settle each case in an efficient manner, some cases proceed to a final orders hearing, at which the court will determine how the marital assets are divided. They key to successfully resolving these issues is thorough preparation for negotiations or trial. Our years of experience allow the Denver marital property division attorneys at Plog & Stein, P.C. to provide quality representation to our clients when dealing with allocation of their assets. Let us put that experience to work for you.

  • We take a logical, rational approach to your property division matters, including a thorough financial evaluation of both parties before devising a sound legal strategy.
  • We have significant experience handling the division of marital property in divorces and understand both the nuances of asset division and the evidence the court is looking for. We also know what a fair and appropriate property settlement looks like.
  • We employ a team of experienced family law professionals who are devoted to providing one-on-one contact and attentive communication to our clients for any questions or concerns they may have.
  • We regularly work with valuation experts regarding obtaining fair values on the various assets we may encounter. This can include dealing with forensic accounts for purposes of tracing hidden assets and income.
  • We are interested in getting the job done correctly, not just going through the motions. Our attorneys truly care about the quality of their work and building lasting relationships with our clients.

We understand your desires to retain possession of any assets or property that is rightfully yours, and we will fight for you to ensure you receive what’s fair.

A Lawyer Can Be Essential for Marital Property Division Matters in Denver

You may have some disagreements with your spouse about who should receive certain parts of your marital property. This can include points of contention such as:

  • Your spouse claiming your rightful assets as his or hers
  • What to do with a business which you jointly claim as co-owners
  • Any disputes involving real estate, and how to properly distribute that equally
  • Other financial assets such as stocks, bonds, and retirement accounts

Dividing some marital property can entail complex financial affairs that require significant amounts of evidence, along with the representation of an experienced legal professional to argue your case on your behalf. At Plog & Stein, P.C., our team of family law professionals is well-versed in all aspects of Colorado marital property law, giving you valuable insights on what can be fairly divided and what cannot. Let us put our skills and experience to work for you.

We Are Well-Equipped to Represent High-Net-Worth Clients

Much of the financial niceties surrounding marital property division become more complex in a high-asset divorce. In addition to the normal analysis needed in a standard division of marital property, a divorce involving a large array high-value assets can present other challenges related to present valuation, potential income flow, division method, and future valuations. Though the principles for assessing marital property in a simpler divorce situation would apply, the need for multiple valuation experts and a keen understanding of the future ramifications of receiving or parting with a certain item of property can materialize. When dealing with significant, high dollar assets, more planning is required. When questions arise regarding hidden or depleted assets it can even become necessary to engage a forensic accountant to trace asset or cash flow.

At Plog & Stein, P.C., our team of Denver marital property division attorneys has the experience needed for handling high-net-worth divorces. We utilize our knowledge, experience, and resources to evaluate the marital assets you may have that are subject to property division, followed by formulation of a plan that makes financial sense for you. In each case, we apply certain rules for settling or litigating the marital property aspects of your divorce:

  • Detail matters when negotiating a marital property settlement. As property settlements are generally not modifiable, making sure there is clarity in each term prevents ambiguities and problems downs the road.
  • Liquidity in assets matters when people are facing uncertain income or cash flow changes due to the divorce.
  • Not all retirement accounts are the same in terms of both present value and division method.
  • Protecting non-marital property and making sure it is clearly identified and separated from any marital property is a critical step before determining the best plan for allocated the marital property in any case.
  • Retirement dollars and other dollars are not equivalent, as retirement dollars taken out prior to requirement age generally come with a tax and penalty consequence.
  • Making sure each client thoroughly understands his or her rights and options related to the entire marital estate and each item of marital property in their divorce.

We take a comprehensive, logical approach to your assets in order to effectively determine the best strategies for properly dividing your valued investments. We believe this is ideal in cases of high-asset divorce and have successfully helped high-net-worth clients seek their desired outcomes in the marital property division process.

How is Marital Property Defined in Colorado?

Colorado statute, C.R.S. 14-10-113, dictates that only marital property is eligible to be divided among spouses in a divorce. Before being able to determine a fair division of property and assets, you must first determine the type of all property that is being contested.

  • Marital property generally refers to things bought or received during a marriage. This can include physical assets, like a home or furniture, investments, or even gifts given to both spouses as a couple. Items in both spouses’ names, such as cars and homes, are also part of marital property. This also includes any debts as well.
  • Separate property includes property owned individually by spouses before the marriage – along with any property acquired individually during the marriage as a gift from a third person or through an inheritance.

Although this seems like a straightforward way to determine which property is eligible for distribution, there are exceptions which sometimes lead to dispute or litigation.

  • A separate item of property may appreciate in value through the course of a marriage. Pursuant to statute, that increase in value will generally be considered marital property.
  • Spouses can readily convert separate property into marital property via a written agreement, titling, or conduct. Spouses can also convert martial property to separate property, after marriage, via an intra-marital (post nuptial) agreement, which would operate similar to a prenuptial agreement.
  • Separate property can often become intertwined with marital property (also known as “commingling”), causing complications in the property division process. For example, when one spouse takes funds which would otherwise be separate and puts them into a joint bank account, those separate funds arguably become marital property in nature.

At Plog & Stein, P.C., we understand that finances and assets can are incredibly important and are here to give you peace of mind through the divorce process. Our Denver divorce lawyers are dedicated to working with you to make sure all of your assets are appropriately categorized and divided. Our goal to protect your assets during the stressful time that comes with divorce, and after.

What are the Marital Property Division Laws in Colorado?

Plog & Stein, P.C. is well-versed in all the laws that constitute division of marital property rights in Colorado – therefore being well-equipped to devise strategies to designed to help you get seek out the most favorable outcome possible. Colorado is an “equitable distribution” state rather than a “community property” state – marital property is divided in an equitable manner, meaning the judge hearing your case has the discretion to divide marital property as he or she deems to be “fair.”

In most divorce cases, “equitable” translates to an equal division.  However, statute authorizes arguments for why one spouse should receive more of the marital estate, depending on the circumstances.

We are well aware of these laws and and arguments required to present your divorce and marital property division case in a persuasive manner, both in and out of the courtroom. We plan ahead for these situations, formulating comprehensive strategies and striving to ensure that you receive the fair marital property orders you deserve.

We Address All Issues with Division of Marital Assets

The division of marital property in a divorce starts with the initial divorce proceedings leading up to the entry of a divorce decree.   Marital property issues, such as who gets the house or how the other spouse will get their equity will either be agreed upon through settlement or decided by the judge if agreements can’t be reach.   In some cases, obtaining orders regarding the division of the marital assets is only the first part of the process.

Once the decree of dissolution of marriage enters, there may be other steps to be taken or issues that arise. At Plog & Stein,P.C., our dedicated marital property division attorneys will be there with you throughout the process, to make sure orders are followed and that you ultimately receive the property you deserve. It can take weeks or months for a retirement plan to be divided or transferred. Your orders may call for continued oversight regarding refinancing a home or the payment of marital debt. Regardless of the circumstances we can help.

In reality, not everyone follows court orders, including as relates to marital property.  When this happens, there are various remedies we can pursue, including:

In cases of hidden assets not disclosed, C.R.C.P. Rule 16.2 allows a court continued jurisdiction over division of non-disclosed marital property for up to 5 years after entry of decree. If you believe your spouse hid assets during your divorce we can provide help after the fact.

We tailor all of our decisions to your specific needs. Ultimately, we want to be sure that you come out of these proceedings with a resolution that is more than fair for you and your specific circumstances. Whatever your needs related to marital property, the first step in the process of hiring the right family law firm to fight for you.

We Want to Help You. Contact Us Today.

It is possible for divorcing couples to represent themselves in court. However, this can put you in at a disadvantage and cost you dearly, particularly if your spouse has a marital property division lawyer from Denver. The complexities of divorce cases can be hard to navigate if you don’t have any prior legal experience.

The attorneys at Plog & Stein, P.C. are here so you don’t have to face that circumstance alone. Contact us online or call us at (303) 781-0322 for a confidential consultation with the Denver marital property division attorneys of Plog & Stein, P.C.

Whether your divorce is proceeding smoothly or becomes highly contested, we dedicate ourselves to your case so that you receive your rightful portion of marital assets. We can assist you with determining what counts as marital property, calculating how much you deserve to receive, and representing you through both negotiation and court. If you need help with other aspects of your divorce, such as child custody and support, our attorneys can meet those needs as well. Our only goal is to protect your future as you move on to the next chapter of your life.

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