Commerce City Property Division Lawyer

Commerce City Property Division Lawyer

Although choosing to divorce your spouse is a major decision, it is only the first of many decisions that will go into separating your life from theirs. One of the most impactful decisions to make is how your property will be split as you move on to your single life. If you leave your marriage with less property and assets than you are entitled to, you are likely to struggle more after you are no longer married. Your cost of living will increase since you no longer split bills with your spouse, so it is important to set yourself up for success.

Working with a skilled divorce attorney can help ensure that your property and debts are split fairly and equitably. Divorce can be mentally draining, so it pays to have an informed family law attorney in your corner. Johnson Law Group, LLC, is deeply familiar with how property is evaluated and distributed in Colorado, so we can help you create a plan for how to divide marital property with your spouse. With years of experience handling divorce cases, our compassionate attorneys can explain your rights and options so you can make the most informed choices moving forward.

Overboard: How to Avoid Sinking in Your Colorado Family Law Case

Written by Denver Family Law Attorney Myles S. Johnson

Divorce doesn’t have to be dramatic. For the litigants, losing your spouse is significant enough. But you can choose the way it affects your daily life. The only guarantee I can give is that the feeling that you have right now will not be the feeling you end with. This is a season in your life, and it must be approached that way.

This acclaimed book positions Johnson Law Group as a thought leader in Colorado family law, providing clients with the same proven strategies that have guided hundreds of families through successful outcomes.

Dividing Property in Colorado

As you approach the process of separating property, the first step is determining whether the property is considered marital or separate.

  • Marital Property labeled as marital includes everything that was acquired during the marriage by either spouse, unless it falls under one of the separate property clauses. It is important to note that property that is titled under only one spouse is not automatically designated as separate if it was acquired or contributed to during the marriage. Examples of property that may be titled under one name include bank accounts, retirement accounts, or vehicles. If separate property appreciates in value during the marriage, the appreciation value is generally designated as marital property.
  • Separate Property that is determined to be separate from the asset division was generally acquired by the spouse prior to the marriage. It can also be property that was acquired by inheritance, received as a gift, or specifically excluded from asset division by a prenuptial agreement. Any property acquired after the decree of legal separation is excluded from property division as well.

Once the property has been correctly classified, the marital property will then be divided between the spouses. Separate property is exempt from the asset and debt split, so correctly designating your property is vital for an equitable division. A property division attorney can provide insight into how your property is likely to be classified, allowing you to create a list of marital assets that are important to you and assets that you would be willing to part with.

FREQUENTLY ASKED QUESTIONS

Property division

Options for Separating Property

Colorado follows the equitable distribution principle, meaning that the marital property is divided based on fairness instead of an exact 50/50 split. Although the division is generally even between the spouses, the focus remains on creating a fair agreement based on the specific circumstances of the divorcing couple. There are two routes for property division: the couples create their own agreement for dividing property, or a judge will step in to divide property if the couple is unable to.

Colorado courts afford divorcing couples the opportunity to create their own agreement. For lower-value items, the court highly recommends that the couple divide them on their own to reduce the time investment required of a judge to create the agreement. All property should be separated, as courts do not generally approve joint ownership of assets following a divorce. The couple can work together in mediation or arbitration to resolve any disputes about how the assets and debt should be divided.

If the couple cannot reach an equitable agreement, the court will examine the evidence of the case and then administer a ruling on how the disputed property will be divided. The couple will not have any control over the judge’s order, making it a less favorable option for some parties. Their decision may not be a 50/50 division, as their intent is to create an equitable split, not necessarily a mathematically equal split.

Individualized Attention

Just as each family is unique, so is each family legal matter. We always take the time to completely understand your situation so that we can tailor our advice and strategy accordingly.

Highly Recommended

Our clients often take the time to write and thank us, not only for the results we have earned for them but also for the respect we’ve shown them.

Supportive Counsel

We never lose sight of the fact that divorce and other household conflicts can feel overwhelming. Our family lawyers will answer all of your questions to ease your burden in this difficult time.

Individualized Attention

Highly Recommended

Supportive Counsel

Our Attorneys

Meet Your Legal Team

At Johnson Law Group, our team of skilled and understanding legal professionals proudly provides comprehensive and efficient legal services for all clients.

Hear From Our Happy Clients

At Johnson Law Group, your satisfaction is our priority! See for yourself what our clients have to say about working with us.

Contact Johnson Law Group, LLC, Today

Our Commerce City property division attorney can make all the difference during your divorce. Johnson Law Group, LLC, is ready to protect your rights as you navigate this difficult process.

Reach out to our office today to speak with our compassionate family law team in a free consultation.