The Classification of Property in Divorce and Legal Separation Cases

Before a Colorado court can divide anything in your divorce or legal separation, it first has to sort every asset and debt into one of two categories: marital property or separate property.

Marital property is everything either you or your spouse acquired, and every debt either of you took on, between the date of your marriage and the date the court enters the divorce or separation decree, regardless of whose name is on the title or account. Physically separating from your spouse does not change this. Even if you move out and buy a home entirely on your own years before actually filing for divorce, that home is still classified as marital property as long as you remain legally married with no decree in place. This surprises a lot of people, since it runs counter to the intuition that what you buy after you have separated should be yours alone. Understanding this distinction matters because it determines what is even on the table for the court to divide, which is exactly the kind of question worth walking through with an attorney before assuming anything is automatically yours or your spouse’s.