Property Division Can Become A Contentious Issue During Divorce — Let Our Denver Attorneys Help

Anything that is considered marital property must be divided equitably between the two spouses in a divorce. In Colorado, "equitable" means fair, not necessarily 50-50. At McGuane & Hogan, P.C., we know how the law affects property division and how to make sure you get what you need to move forward with your life.

Figuring out what is "fair" can be one of the most complicated and contentious parts of any divorce. Our lawyers will sit down with you to discuss your situation and what you believe is "fair" in dividing your marital property. We have represented many people in Denver, and around the state, with high-asset or complex property division issues, including doctors, business executives, professional athletes and entertainers.

Our attorneys can represent you regarding a variety of property division issues, including:

  • Division of retirement assets — including 401(k) and IRA accounts, as well as pensions and other benefits.
  • Business valuation — If you or your spouse owns a business, or if you own a business together, you need to know the value of the business to determine how it should be divided between you.
  • Real estate valuation and division — For first and second homes, as well as other real properties
  • Division of marital debt — You and your spouse are both responsible for debt incurred during the marriage, regardless of who incurred the debt.
  • Divorce issues for executives — Executives receive many benefits that need to be considered in property division, including stock options and severance agreements.
  • Property and assets located in other states or other countries
  • Tracing separate property and determining which assets are marital and which assets have remained separate.

Separate Vs. Marital Property

Under certain conditions, property and assets that you owned prior to your marriage will be considered separate property and not subject to division during divorce. However, if you have separate property and assets that increased in value during your marriage, that portion is subject to division. The same may be true of property you inherited during your marriage. The specific rules and considerations can be quite technical. The process of tracing separate property to the assets that exist now is not the area for generalizations or a cookie cutter approach.

Our attorneys will review your financial situation and discuss your options with you, including the steps and process necessary to trace premarital or inherited property or assets to the items that exist now. We prepare every case for trial, but we are also experienced negotiators. We always strive to reach a settlement before we resort to litigation. Our goal is to make sure you receive your fair share of the marital property, with a minimum of stress and maximum overall benefit to you.

Work With The Lawyers Who Wrote The Book On Colorado Family Law

Call us to schedule a consultation at 303-416-5697 or contact us online. We have offices in Cherry Creek and Aspen and we serve clients all over Colorado.