Property Division A Fresh, Modern Approach to Law

Centennial Property Division Attorney

Guidance Regarding Asset Division in Arapahoe County

The division of property can be one of the most difficult and contentious aspects of a divorce. Particularly if you feel you have a lot to lose, it is important to have thorough and personalized legal guidance as you deal with issues related to asset division. At the Law Office of Alexandra White, PC, we will help you understand your rights and options.

We concentrate a significant part of our practice on high-asset divorce and family law, providing outstanding service, honest counsel, and a focus on practical solutions to complex problems.

Every divorce is different. In Colorado divorces, it is very common for the court to divide assets equally between the spouses. However, where there are sufficient assets, the court may divide assets disproportionately in lieu of a maintenance payment so as to sever the financial ties between the parties. In many cases, the division of assets and debts is settled outside of court. Parties who settle outside of court usually experience less stress and acrimony.

Call (303) 647-4245 today to request a free consultation with an experience property division attorney in Centennial. We also represent clients throughout Denver.

Is Colorado an Equitable Distribution State?

Yes, Colorado is an equitable distribution state. That means the court is compelled to distribute property in a matter that is "just and right," but not necessarily equal (as we mentioned before).

For example, let's say that you and your spouse share children, but you get sole custody of them. The court may award you the marital home and disregard your spouse's investment in that property to make caring for your children easier.

Property division is often the most contentious aspect of a divorce because it can impact other divorce-related processes, such as child custody, support, and alimony.

How Do Arapahoe County Courts Handle Property Division Cases?

How your property division case proceeds largely depends on whether you choose to handle it in or out of court.

If you want to file for an uncontested divorce, you'll need to agree on how to divide property with your spouse outside of the courtroom. If you can reach an arrangement with your spouse that both parties are happy with, you set forth those terms for your property division in your divorce agreement.

Even if you want to file for a contested divorce, you can draft an agreement stating how you wish to distribute property, although it will be separate from the divorce agreement you'd use to finalize an uncontested divorce.

If you choose to rely on the court to handle the property division process, your case will look different.

During a divorce, spouses have a "fiduciary duty" to one another, meaning neither party can tamper with, destroy, or sell property during the divorce. Additionally, attempting to hide property can be penalized by the court with either criminal charges or a less favorable property division outcome (depending on how the offending spouse tries to hide assets).

You and your spouse will both need to provide the court with an exhaustive inventory of your finances and property. If you're worried your spouse is hiding assets in an attempt to garner a more favorable outcome, speak with your lawyer about your concerns. They can help you put forth a request for your spouse's property holdings or work with a third-party professional such as a forensic accountant to determine whether your spouse is hiding assets.

The court may issue a temporary order dictating how you'll share property during the divorce before holding the final trial and officially declaring the outcome of your property division dispute.

Courts consider the following factors during property division cases:

Each party's health and age;
The presence of other court orders such as child custody, alimony, or child support;
Each party's finances and employability;
Each party's role in the marriage;
How each party contributed financially to marital property (property acquired during the marriage);
Whether certain separate assets transformed into marital assets throughout the union (this is common with property such as houses purchased before the marriage that both parties shared or contributed to financially);
How a proposed property division arrangement would impact each spouse;
Any other factors the court considers relevant to the case.

Helping Clients Navigate Complicated Divorces

Divorce is difficult financially and emotionally. Your circumstances may seem incredibly complicated, and it can be daunting to think about losing or dividing assets you have worked hard to accumulate. Having an objective, empathetic ear can make a big difference. Having proper legal advice is critical.

Our attorneys can help you address important questions about:

Real estate assets, including your home, vacation property, and/or commercial property
Business assets, including professional practices and family businesses
Retirement assets and investments
Stock holdings and equities
Personal belongings
Assets that are inherited or owned prior to the marriage
Prenuptial agreements and property division
The connection between asset division and spousal support

What Are the Tax Implications of Property Division on Arapahoe County?

The advantage of a disproportionate award for the recipient (in place of spousal maintenance) is that it is generally not taxable. On the flip side, the person who is receiving fewer assets in lieu of maintenance payments is losing the tax benefits of paying spousal maintenance.

The tax implications of property division should be contemplated before a divorce. When cases go to trial, courts don't always factor in the tax ramifications in your asset division. You and your lawyer should do so before making any important decisions.

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Contact Our Centennial Attorneys Today

It is important to understand your legal rights and your options for proceeding with marriage dissolution and asset division. Contact us to schedule a free consultation or in-office free consultation. You can also reach us at (303) 647-4245.

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"Would always be my choice"
I found Alexandria White through a neighborhood referral page and this office did not disappoint. From the very first meet (consult) she was very realistic about cost (less than I anticipated), timeframe, and the process. Advice was helpful in every choice I had to make. She was professional yet personal. There were a couple times my ex and his attorney were slow on deadlines and they took care of getting us back on track in a tactful and firm way while maintaining a positive tone with opposing counsel. The entire staff was friendly, efficient and I would make the confident choice to hire them all over again if needed.

- Marie
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Thank you for everything. You have altered my opinion of attorney's. I appreciate your honesty, integrity and professionalism.

- Ron Daggett
"They made the process smooth and painless as it could be."
Megan and Christian were so helpful with my case. They were timely in responses and listened to all my concerns. They made the process smooth and painless as it could be. Thanks so much! Highly recommend.

- Julia U.
"Mr.murphy is truly a subject matter expert."
Kevin D Murphy was my lawyer for my divorce which was very very complicated and multifaceted more so than your average divorce. He is very professional and is able to break down complicated legal jargon into a single comprehensible format. Mr. Murphy always showed up on time and professionally dressed. He always kept me updated me as soon as he got new information in the divorce. A divorce is a very long and stressful ordeal. Mr. Murphy took the stress out of the entire situation and had my back at every point in the divorce. I was able to call and or email him 24-7 365 with any questions comments or concerns always promptly replied to the phone call or email with all the information I needed and then some. Mr. Murphy was an advocate for me and my children and facilitated the best possible outcome of the divorce. Mr. Murphy sent me a well documented monthly invoice with all of the fees associated which always checked out. He was worth every penny, and also is a pleasure to be around he's very charismatic and very experienced. To list a few of the items that Mr Murphy did are as follows.

1. He sat down with me and took the time to establish my sworn financial statement that a corporate accountant could go through with a fine-tooth comb.
2. He set up a private investigator.
3. He helped triangulate between child support payments and the payment registry as well as triangulate with the child support enforcement office technician.
4. He recommended and gave excellent tax advice for the fiscal year of which we got divorced which was very complicated.
5. He triangulated with CPS caseworker and local sheriff's involved.
6. Here ran background checks on Associated individuals involved.
7. He was able to pull from all of the information I had given him and extract what he needed to write very professional legal documents.

These are just some of the skills that mr. Murph has. His attention to detail is amazing he caught things that I totally missed. If you are going through a divorce I would personally and only recommend Kevin D Murphy he is a multi-tasker extraordinaire and truly a subject matter expert at what he does. He has improved me and my children's quality of life significantly and alleviated the stress out of the whole entire situation.

- Anonymous
"Kind and empathetic"
Megan was fantastic. Not only did she handle the legal side of my child custody/support filing, but she was kind and empathetic too. And, we were able to settle before the hearing, so that was the best outcome I could've asked for given the circumstances. I'd definitely recommend the firm as a whole, as Alex was a huge help in settling my divorce seven years ago too. They're overall mindful of costs, supportive, and knowledgeable, and I'm very grateful for them.

- Hilary H.
"Krista, Thank you so much for your help and getting me through this difficult situation."
Krista, Thank you so much for your help and getting me through this difficult situation.

- Julie B.

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