Property division in Colorado may be more complex than you think

Some people in Colorado may think that property division in a divorce is simple — each party simply walks away with half of their shared assets. However, the reality of property division is much more complex. First of all, Colorado is an equitable division state. This means that the court will divide property based on what it deems to be fair, and this may not mean an even 50/50 split.

In addition, it is important to distinguish between marital and separate property. Separate property is property that was owned by only one party to the marriage. In contrast, property obtained during the course of the marriage is considered marital property, and, thus, is included in the divisible estate.

However, it is possible for separate property to become marital property if it has commingled with marital assets. For example, if a car is purchased by one spouse before the marriage but both spouses use it while married, is it separate property or marital property? Or, if a party receives an inheritance, but puts the funds in a joint checking account, is it separate property or marital property? These are complex legal issues that divorcing spouses may not have an easy answer to.

At The Bruntz Law Firm, LLC, we understand how important it is for our clients to receive a fair and appropriate result. We aim to help our clients navigate the divorce process — including property division — with as little stress and uncertainty as possible. We are dedicated to representing our clients’ interests from the moment they step into our office to the final signing of the divorce decree.