Property Division Attorney in Highlands Ranch, CO
When you divorce, your whole financial picture can change in just a few weeks. For that reason, hiring a Highlands Ranch property division lawyer can be one of the most crucial decisions you make. Property division isn’t about who gets the house or who takes the bank account. Property division is about protecting your future. You deserve the peace of mind that comes from knowing your interests are protected by an experienced Highlands Ranch property division lawyer.
Don’t wait—schedule a free consultation with an Highlands Ranch Property Division attorney by calling 303-840-1190 or contacting us online. Start building your defense today and protect your rights.
About Fuller & Ahern, P.C.
Founded in 1997 by attorney Susan Fuller, Fuller & Ahern, P.C. has provided clients with detail-oriented and personal representation ever since Susan began her legal career in 1990. Our attorneys serve clients throughout the Denver metro area, including Highlands Ranch, from our office in Parker, Colorado. We also handle many cases involving litigation in Douglas County District Court, which can be found at 4000 Justice Way, Castle Rock, CO 80109.
Understanding Property Division in Colorado
Colorado is an equitable distribution state. This means that marital property will be divided in a way that the court deems is fair. When dividing property and debt, courts follow Colorado property division laws outlined in C.R.S. § 14-10-113. This statute sets out the factors that the court will look at when identifying and distributing marital property. Courts typically consider:
- The contribution of each spouse to the acquisition of the marital property
- The value of the property assigned to each spouse
- The economic circumstances of each spouse
- Any enhancements or losses to separate property held by one spouse
- Any other factor that would make an unequal division of property fair
Property division is seldom as simple as splitting everything 50/50. Often, what is fair depends on many factors specific to your finances and marital timeline. For this reason, it’s critical that you have a Highlands Ranch property division attorney on your side protecting your interests and advocating on your behalf.
The most recent CDC state figures show that Colorado has a divorce rate of roughly 2.8 divorces per 1,000 people. For comparison, Colorado has a marriage rate of 7.8 per 1,000 people, which shows that although many couples get married, a significant percentage end up divorcing. Colorado has a divorce rate that is marginally higher than the national average, which is approximately 2.4 per 1,000 people.
What Counts as Marital Property
Determining what is actually marital is one of the most contentious issues in any property division case. In Colorado, marital property is generally defined as all assets and debts acquired during the marriage. Put simply, if it was acquired during the marriage and is not separate property, it is considered marital. Examples of marital property include:
- The marital residence or other real estate
- Retirement accounts
- Bank accounts and savings
- Investments
- Vehicles, recreational equipment, and valuables
- Business revenue and business interests
- Credit card debt, loans, or other liabilities
Assets solely under your spouse’s name can still be subject to division as marital property during divorce proceedings. As long as the asset was acquired during the marriage, it will likely be subject to division.
What Counts as Separate Property
Separate property is property that was owned before the marriage or acquired individually by way of gift or inheritance. Examples of separate property include:
- Assets owned prior to marriage
- Gifts or inheritance received by only one spouse
- Certain personal injury awards
- Property signed over to a spouse via a valid postnuptial agreement
Separate property can still become contentious during a divorce. If you commingle separate property with marital property, it may lose its separate status. Simply put, commingling occurs when separate property is mixed in some way with marital property.
Why Hire a Property Division Lawyer
When you hire a property division lawyer, you are investing in your financial future. You don’t want to simply divide things. Choose an experienced Highlands Ranch property division attorney with experience in Colorado’s equitable distribution laws to identify marital property accurately and protect your assets. An attorney can help avoid costly mistakes with your retirement accounts and real property equity as well.
Your lawyer can help with missing disclosures, undisclosed assets, and unfair pressure to settle. If your future could be impacted for years to come, you owe it to yourself to consult with a property division lawyer who can negotiate from a position of strength and litigate your case in court if necessary.
FAQs
What Evidence Is Needed for Property Disputes?
The most useful evidence in a property dispute typically consists of financial records that establish ownership, worth, and acquisition date. Documents like deeds and mortgages, as well as bank statements and IRA/401 (k) statements, are typical examples of property dispute evidence. Property disputes during divorce require documents that demonstrate whether an asset belongs to the marriage or was separate property.
How Is Property Divided in a Colorado Divorce?
Colorado is an equitable distribution state. Therefore, the property may be divided unequally. Under Colorado’s equitable distribution law, the court identifies marital property and assigns values to it before distributing the assets and debts accordingly. The judge may consider each spouse’s financial circumstances, contributions to the marriage, and whether one party’s separate property appreciated during marriage.
What Assets Are Untouchable in a Divorce?
Some property is separate property, which normally doesn’t get divided. Separate property can include assets owned prior to marriage, inheritances, gifts made only to one spouse, and property excluded by a valid prenuptial agreement. Separate property can become exposed if it becomes commingled with marital property or if marital effort enhances the value of the separate property during the marriage.
What Type of Lawyer Deals With Property Disputes?
Most property disputes that arise out of divorce are handled by a family law attorney. This is particularly true if the dispute involves marital property, dividing debt, or retirement funds. Often, you will need an attorney who can negotiate and litigate in court. Be sure to discuss with your attorney your issues so you can know if it is a good fit.
Contact Fuller & Ahern, P.C. Today
If you are going through a divorce, property division is one of the main issues that may arise. Fuller & Ahern, P.C., can advocate on your behalf for fairness. Contact us today for more information.
Reach out to us for a free consultation today at 303-840-1190. Let us help you navigate this challenging time with dedication and expertise.
