Experienced Denver Divorce Attorney
The division of property involves complex details and provisions that can
seem overwhelming, especially when decisions must be made in conjunction
with the emotional toll of a divorce or legal separation. At Jones Law
Firm, PC, each
Denver family attorney on our team is dedicated to providing you with the personalized attention
necessary to ensure that your concerns are properly addressed at every
step of the process.
Our firm has
more than 20 years of experience working closely with clients dealing with property division issues. We
are dedicated to helping our clients make informed decisions by ensuring
that we properly explain and clarify every aspect of this complex process.
Call Jones Law Firm, PC today to learn more.
How will my property be divided?
legal separation, there are different types of properties that may be included in the division
process. For those properties that are subject to property division, you
and your spouse will need to come to an agreement over the fate of each
property. After carefully taking into account your goals and needs, your
attorney can develop a strategy to facilitate this process.
Some of the more common types of properties that undergo division include:
- Real estate
- Personal property
- Business ownership
- Retirement accounts
- Shares in stock
Not all properties, however, are subject to property division. Timing and
how the property was acquired are two factors that influence whether a
property is separate and thus immune to property division, or marital,
in which case it will be included in the property division process.
Briefly, the differences between marital and separate property are explained below:
Marital Property- Regardless of whose name the property is under, all property acquired
during the marriage and before the divorce or legal separation decree
is considered marital property by the court. There are situations, however,
when property is considered separate.
Separate property - If the property was acquired before the marriage or gained by one spouse
as a gift or inheritance, it is separate property. This kind of property
may be subject to division to the other spouse if there was a growth in
value during the marriage or if that property was commingled with marital
assets. In this situation, burden of proof lies with the party claiming
that the property is in fact separate.
Ensuring the Fair Division Your Property in Denver
fairness of the division becomes the basis for negotiations. Fairness is also the
critical element that will assist your attorney in recommending asset
and debt allocation. At the close of divorce proceedings, the goal is for
both parties to reach a mutually beneficial consensus regarding the final division of property.
The different types of property and the time of acquisition make the process
of division inherently complex. Our family attorneys are well versed in
the intricacies involved with property allocation and in ensuring that the
well-being of our clients, including children, is given its rightful place in all negotiations.
To find out more about our property division strategies,
contact Jones Law Firm, PC to schedule your first consultation.