Commerce City Property Division Lawyer
Commerce City Property Division Attorney
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.
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
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How Is Property Divided in Colorado During a Divorce?There are two general rules for property division in U.S. states: community property and equitable division. In community property states, the property division should be close to 50/50, regardless of the circumstances of the marriage or divorce. In equitable division states, the focus lies on creating an equitable division that considers aspects of the marriage and divorce, instead of a blanket 50/50 split. Colorado is an equitable division state.
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What If You Suspect That Your Spouse Has Concealed Assets?Colorado law clearly prohibits divorcing spouses from concealing, hiding, encumbering, or depleting marital assets while the case progresses through court. Normal actions like purchasing necessities or conducting business are permitted, but actions like placing an extra mortgage on your home or removing money from your 401(k) are prohibited. Both parties are required to disclose their full financial position to the other party. An attorney can investigate your spouse’s financials and determine if they are concealing any marital assets.
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Will My Name Remain on the Mortgage If My Spouse Is Awarded the Marital Home?The courts generally disfavor agreements that leave joint ownership of assets or debt. If one party is awarded an asset that currently has both parties named on the title or debt, the parties will agree to, or the court will order the awarded party to, remove the non-awarded party. This removal must happen within a set window following the divorce.
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What Are Factors the Court Will Consider When Creating an Equitable Distribution?
If the couple cannot create a property division agreement, the court will settle the unresolved issues. The judge will consider factors such as:
- The length of the marriage
- Each spouse’s contribution to the marriage
- Child custody
- The valuation of each spouse’s separate property
- The current economic situation of each spouse
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.
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.
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Individualized AttentionJust 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.
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Highly RecommendedOur 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.
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Supportive CounselWe 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.
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- Crystal H.
I came to the Johnson Law Group during a time of extreme stress. Andrea Dalton accepted my case and made me feel right at ease. She is compassionate, gives sound advice, and helped me obtain over $20,000 that my ex husband was illegally withholding from me. I appreciate her for giving me the confidence to stand up for myself. If I have any issues with my ex in the future, I will not hesitate to reach out to Andrea for help.
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Very professional, and caring. Everything was handled well, they listened to all my concerns, and responded in a timely manner. I would highly recommend using Johnson Law Group, they are amazing!- Sonja
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I have a high profile case involving a custody matter, that stretched across multiple States, which included Colorado. At one point I had 4 Law firms attending to the matter in 4 different States, Johnson Law Group stood out as the best Law Firm, exemplifying integrity, fairness and strategies for the case. I highly recommend Johnson Law Group.- Jorel S.
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Before working with Johnson Law. I had a previous attorney who completely screwed us over. He definitely only took us on for the money. He had no communication, mixed us up with different clients and so much more. So my husband and I were very scared working with a different attorney and getting screwed over again but we took the chance with Johnson law. We are currently working with Shana Velez, Kristina Contreras, and Julie Hernandez. After expressing my concerns because of the previous attorney they have kept amazing communication with me. They know who they are speaking to every time, they know my case, and they definitely don’t try to just take my money. They do their best to save me money as much as they can! These ladies have done such an amazing job with my case so far! 10/10 highly recommend! I will be back with another review once we are done working with them :)- Sierra S.
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This review nor a amount a amount of characters can express how grateful I am for Johnson law. From the moment I called they gave me a peace of mind that they where going to be able to help me through my child custody situation. I worked with Yasaman and she was super professional and caring. From the moment she started working on my case and laid down the road map to our approach to my case it happened to a tee. She never misled me or over promises anything but over delivered every step of the way! The last 6 months would of been hell if it wasn’t for Johnson Law and Yasaman.- Jaime S.
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Myles is very professional and well informed in his field. Cassidy their paralegal was also extremely helpful and client driven . 5 stars!- Stevie
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My Attorney and Paralegal Kara Mietlicki are such a wonderful team. I’ve seen them in action and it’s amazing.They will go to battle for someone that they believe in. They will work endlessly to make sure that their client gets their paternal rights. I am thankful that they are by my side through the toughest struggle I have ever experienced in my life. I highly recommend their representation.- Shawndabney W.
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- Tangee B.
I hired Johnson law group for an adoption matter. I worked with Daniel Sol as my attorney and his assistant Katie Wilson. They were with me every step of the way. Daniel listened to all of my concerns and helped to address all issues. Without their assistance and guidance, I would have had a much harder time making it through my case! I highly recommend Daniel sol, Katie Wilson and Johnson law group
Contact Johnson Law Group, LLC, Today
An experienced Commerce City family law 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.
