Denver Property Division Lawyer

Advocating For Fair Asset Division in Colorado

When navigating the complexities of property division in Colorado, Frost & Beck, PC, is your dedicated legal partner. Our experienced team of attorneys is committed to helping you protect your rights and assets during this crucial phase of your life.

Call Frost & Beck, PC today at (720) 330-4623 or contact us online to schedule a meeting with our property division attorney in Denver!

What is Property Division?

Property division is an important aspect of divorce proceedings that involves the equitable distribution of assets and liabilities between spouses. In Colorado, the law emphasizes fairness and strives to ensure that both parties receive a just and equitable share of the marital property. It's important to understand that "equitable" does not necessarily mean "equal," and various factors are considered to determine the final division.

How is Property Divided in Colorado?

Property division in Colorado operates under the principle of equitable distribution. This means that marital property and debts are divided in a manner that is considered fair, taking into account several factors, such as: 

• Marital vs. Separate Property: The first step in property division is distinguishing between marital and separate property. Marital property typically includes assets acquired during the marriage, while separate property encompasses assets acquired before the marriage or through gifts and inheritances.
• Financial Contributions: The court will assess each spouse's financial contributions to the marriage, including income, assets, and debts. This includes both monetary and non-monetary contributions such as homemaking and childcare.
• Future Financial Needs: The court will also consider the financial needs and circumstances of each spouse post-divorce, including their earning capacity, health, and whether they have custody of any children.
• Duration of the Marriage: The marriage length can also influence property division. Longer marriages may lead to a more equitable distribution of assets.
• Agreements: If the spouses have a prenuptial or postnuptial agreement that addresses property division, the court will generally honor these agreements unless they are found unfair or unreasonable. 
• Tax Consequences: The potential tax consequences of property division can also be considered to ensure fairness in the distribution.
• Waste or Dissipation: If one spouse has wasted or dissipated marital assets, it may impact property division.

Colorado Property Division Process

The property division process in Colorado typically follows these key steps:

• Identifying Marital Property: The first step is identifying and classifying all marital property and debts. This includes assets like homes, vehicles, bank accounts, retirement accounts, and debts like mortgages and credit card balances.
• Valuing Assets: Once identified, the next step is determining the value of these assets and debts. This can involve appraisals, financial statements, and expert opinions.
• Equitable Division: Using the factors mentioned earlier, the court will determine how to divide the marital property and debts fairly. This may involve a division that is not precisely equal but is just and equitable.
• Enforcement: It is legally binding once the court has issued a property division order. Our experienced attorneys at Frost & Beck, PC, can help you navigate this process and ensure the division is executed correctly.
• Appeals: If either party disagrees with the court's decision, there may be options for appeal. Our team has the expertise to handle appeals and advocate for your best interests.