The division of marital property is one of the most complex and crucial aspects of any divorce. In order to protect their property rights, it is important for men and women to have a Denver property division lawyer on their side who is capable of evaluating assets, determining the amount of marital property and ensuring they receive everything they are entitled to in the divorce.
At Ciancio Ciancio Brown, P.C., we possess the skills and resources to successfully resolve property issues in the context of divorce. Our team of Denver property division attorneys and paralegals has been handpicked by Cynthia L. Ciancio, one of Colorado’s leading family law attorneys, to meet the needs of our clients.
First, the Colorado courts permit all couples to reach their own property division agreements before the matter goes to court. If you and your ex-spouse can agree on how to divide your marital assets and debts, you can avoid going to trial and having a judge divide your assets for you. Many couples use mediation or arbitration to resolve property division disputes. These are forms of alternative dispute resolution that can help you avoid the cost and risk of a trial.
If you and your ex cannot compromise on how to divide marital property, the case will go before a judge. In Colorado, a judge must use an equitable distribution rule to divide marital or community property. This means a judge will distribute all marital property in a way that is fair or equitable. This does not necessarily mean a 50/50 split. In a community property state, on the other hand, a judge will divide all marital assets down the middle.
Determining what is fair often requires a look at which spouse brought the asset into the marriage, whether one spouse forfeited an income or property to take care of the family, the child custody arrangement, and other relevant factors. The courts can only divide marital property, not separate property. Separate property is anything you owned prior to your marriage and any gifts or inheritances given to you.
If you’re facing divorce in Denver, you may wonder if a property division lawyer is necessary in your case. If you and your spouse weren’t married for more than a few years, rented your home, and have few assets, you probably don’t require a property division attorney for your divorce. If you have accumulated significant and diverse assets during the marriage and/or came into the marriage with significant separate assets, you may need an attorney who specializes in property division to protect your rights while navigating property division.
Another reason to consider contacting a property division lawyer for your Denver divorce is if you have a particularly combative spouse who may attempt to “punish” you by contesting all aspects of your property division process. A dedicated attorney will protect your best interests and ensure that you know your rights under Colorado divorce law.
The general rule of thumb is that all property will be divided between the parties at the time of divorce. Meaning that titles for real property, vehicles, etc. will be transferred and the debts associated with those items will be paid or refinanced so as to remove the name of the party not receiving the item.
Courts generally do not like for parties to continue with joint ownership following the divorce, but on occasion, there may be a situation such as a business, real property or another asset that the court finds necessary to postpone for division. This rarely occurs, but can happen.
As for smaller items, such as furniture, bikes, etc., the courts encourage parties to divide these items amongst themselves as they hate to divide “pots and pans.” Personal items such as clothing should remain with the respective party. Depending on the facts of your situation, consultation with an attorney knowledgeable about divorce is advised.
You can rely on our firm to provide you with the counsel and representation you need during divorce, as our Denver property division lawyers are skilled at resolving even the most complex property division matters for our clients throughout Colorado.
We understand that the key to achieving an equitable division of property is ensuring that any property settlement is based on an accurate assessment of the couple’s marital property. Marital property is property accumulated during the course of the marriage. Equitable distribution also applies to marital debts.
Working with Denver property division attorneys from across our firm who have experience with a broad range of issues, resolve issues involving:
Due to the diversity of our staff, we are able to offer large-firm expertise at an exceptional value for our clientele across the economic spectrum. We also have the resources and connections to hire outside experts, if necessary, such as forensic accountants and property appraisers, to evaluate unique and high-value assets.
Property division in a Denver divorce becomes complicated, especially for long-term marriages or for spouses with many diverse assets. A divorce attorney with years of experience as a property division attorney in Denver can be the best ally during this portion of the divorce process in Colorado by advocating for your rights and best interests throughout the negotiation process. When it comes to property division our team does the following:
Property division is rarely as simple as it appears. For example, one spouse may own real estate property that belonged to them before the marriage, typically making it their separate property and exempt from division. But what if the other spouse invested their money and/or time into making improvements on the property during the marriage? The spouse who increased the value of the other spouse’s property has a legitimate claim on a portion of the increased value.
A skilled property division lawyer protects your rights and identifies your separate assets and all marital assets to which you have a valid claim.
There are multiple ways to protect your property during a divorce or legal separation case in Colorado. When you hire a leading litigator, you can rest assured that your legal representative is doing everything possible to protect your interests. This includes the following tips:
Keeping accurate records of your finances and property can help you protect assets that are legally yours. Start by creating an inventory of all of your marital properties, such as by going room to room in your home and photographing your belongings.
The courts do not have the right to divide property that is deemed separate. Do not commingle separate property during your marriage; for instance, don’t combine two different bank accounts into a joint account.
You won’t be at the whim of a judge if you and your spouse agree on a divorce settlement. A judge will typically sign off on a property arrangement agreed upon by both parties, meaning your case won’t go to trial. You can increase the odds of achieving a settlement by hiring a Denver property division lawyer to help you with mediation or arbitration.
These legally binding documents can create a property division arrangement that works for you ahead of time – long before you’re considering divorce. A prenup is appropriate if you’ve yet to be married, while a postnup is the right choice if you’re already married.
Perhaps the best way to protect your property in a divorce or legal separation is by hiring a Denver divorce lawyer. Your lawyer is an advocate during pretrial negotiations and a divorce trial, if necessary. Your lawyer will let you know what to expect from the property division process and come up with creative ways to secure your assets.
For more information about property division during a divorce case in Denver, contact Ciancio Ciancio Brown, P.C. for a consultation with one of our Denver property division lawyers. We know what it takes to protect your property, assets and interests on a legal level. Our attorneys can represent you using personalized legal services tailored to your situation.
Legal fees during a Colorado divorce come from the divorce estate. This means you and your spouse pay for attorneys out of funds that would otherwise be subject to division during the divorce process. You don’t have to pay for your attorney only from your separate assets or from your portion of the marital estate after the division of assets.
Most divorce attorneys in Colorado charge anywhere between $150-$650 per hour, depending on the types of divorces they handle and whether or not they specialize in high-asset divorces with complex property division or child custody matters.
Uncontested divorces in which both spouses agree on all terms and form an out-of-court settlement are less costly than contested divorces requiring a trial.
Our Denver property division lawyers can answer your questions and guide you down the path toward an outcome that serves your interests. To learn more, contact us to schedule a case evaluation.
Litigation is a journey. This is a journey we have taken with our clients a countless number of times. If you face the uncertainty, risk, fear, anger, or disbelief that comes with the prospect of going through a legal dispute, the law firm of Ciancio Ciancio Brown, P.C. will help you through it.