There are two types of jurisdictions for the division of real property in divorces: community property and equitable division. Denver and Colorado divorce courts operate under the theory of equitable division. Basically, this means that each party will get what is fair under the law and in the eyes of the Court.

A divorce court will initially make determinations as to how property is categorized: either an individual spouse's property or marital property. The division of property in a divorce may get tricky when attempting to identify separate property which one divorcing party claims from before the marriage.

Marital property, in short, is any property acquired after the date of marriage and prior to a decree of legal separation. This includes the increased value of any property that was held before the date of marriage. There are a few exceptions and caveats to this rule and our lawyers at Johnson Legal Group are well versed and experienced with these concerns.

The more property and assets a couple has when going through a divorce, the more complex the division process may be. Colorado divorce courts have many tests they use when determining how to equitably divide property and they include the following:

1. Length of the marriage;
2. The assets and debts of both parties;
3. Any prenuptial agreements;
4. Tax consequences;
5. The financial need of both parties;
6. Contributions of both parties to the assets (including the contribution a spouse makes as a homemaker);
7. Any separation agreements.

Divorces are highly emotional and usually the result of a breakdown of communication and trust between parties. We at Johnson Legal Group specialize in Family Law and understand how tricky many divorces can be, especially when it comes to the division of marital property. We have a team of experienced lawyers who have a reputation in Denver and throughout Colorado for ensuring their clients get their fair share of marital assets.

Our team of attorneys at Johnson Legal Group make certain that the worth of all assets are properly determined, that all assets of the other party are disclosed and accounted for, and that there is an equitable distribution of these assets. While many cases are solved amicably between parties, our lawyers at the Johnson Legal Group are not afraid to - and will aggressively - litigate your case if we believe the division of assets is not in your best interest.

If you have any questions regarding your specific case, please contact our Denver office at 303-394-3030 or fill out one of our online inquiry forms for a free consultation.