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Colorado Divorce Property Division
Summary
In colorado, property division in divorce is based on equitable distribution. Separate property, like a condo bought before marriage, may have its value increase considered marital property. The division of this increase is not necessarily 50-50 and depends on factors like contributions and economic circumstances. Marital property, such as a house bought during marriage, is subject to equitable division. Spousal support considers financial resources, standard of living, marriage duration, and health. Courts may impute income if a spouse is willfully underemployed. Consult your lawyer for specific advice.Full Conversation
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My wife filed for divorce. I live in Colorado. I bought a Condo in *. We were married in *. The Condo at the time of marriage was worth about $110K. Today it is worth about $260K. During our marriage my wife did not work most of the time, and maybe only about 2 years part time, so there was not really any comingling of funds to pay the mortgage off. We then bought a house in *. It is now worth about $525K and there is about $296K left on the loan. Any idea how all of that will work?
In Colorado, property division in a divorce follows the principle of equitable distribution. Here's a general idea of how your properties might be treated:
- Condo: Since you bought it before marriage, it is considered separate property. However, any increase in value during the marriage could be subject to division.
- House: As it was purchased during the marriage, it is considered marital property and will be subject to equitable division.
Do you need more information about the specifics of equitable distribution in Colorado?
- Condo: Since you bought it before marriage, it is considered separate property. However, any increase in value during the marriage could be subject to division.
- House: As it was purchased during the marriage, it is considered marital property and will be subject to equitable division.
Do you need more information about the specifics of equitable distribution in Colorado?
Yes. Would the increase in value for the condo be split *-*, or would it be different since she really didn't contribute to paying it off?
In Colorado, the increase in value of separate property during a marriage can be considered marital property. The division of this increase is based on equitable distribution, which means it may not be a *-* split. The court will consider several factors, including contributions by each spouse and economic circumstances.
Do you need more specific details on how the court determines equitable distribution?
Do you need more specific details on how the court determines equitable distribution?
Yes
Case Rating: *
In Colorado, when determining equitable distribution for the increase in value of separate property like your condo, the court considers various factors:
- Each spouse's contribution to the increase in value.
- The economic circumstances of each spouse.
- The duration of the marriage.
- Any other relevant factors.
Would you like more information on how these factors might apply to your situation?
In Colorado, when determining equitable distribution for the increase in value of separate property like your condo, the court considers various factors:
- Each spouse's contribution to the increase in value.
- The economic circumstances of each spouse.
- The duration of the marriage.
- Any other relevant factors.
Would you like more information on how these factors might apply to your situation?
Yes
Case Rating: *
The court will look at the following factors specifically in your situation:
- Your wife's contribution (even non-financial) to the marriage.
- The duration of your marriage.
- Your current and future economic circumstances.
Would you like to know more about how these factors are typically evaluated by the court?
The court will look at the following factors specifically in your situation:
- Your wife's contribution (even non-financial) to the marriage.
- The duration of your marriage.
- Your current and future economic circumstances.
Would you like to know more about how these factors are typically evaluated by the court?
Yes.
Case Rating: *
The court evaluates these factors as follows:
- Wife's contribution: Non-financial contributions, such as homemaking, could be considered.
- Duration of Marriage: Longer marriages might result in more equitable distribution.
- Economic Circumstances: Current and future earning potential of both parties.
Would you like to discuss other aspects of your divorce?
The court evaluates these factors as follows:
- Wife's contribution: Non-financial contributions, such as homemaking, could be considered.
- Duration of Marriage: Longer marriages might result in more equitable distribution.
- Economic Circumstances: Current and future earning potential of both parties.
Would you like to discuss other aspects of your divorce?
Can you tell me how spousal support will work? My wife is willfully underemployed. She is on the phone during the day for * - * hours talking to friends while I am working up to * hours a week. I am * with heart disease and had a heart attack 2 years ago. My Dr. wrote a note claiming that I should not work more than * hours per week. I make about $155K per year as a self-employed Insurance Broker. She makes about $17K per year as a house & church cleaner. Will they make me pay for her when she is younger, much healthier and can work much more.
Case Rating: *
In Colorado, spousal support (alimony) is determined based on several factors, including:
- Financial resources of both parties.
- Standard of living established during the marriage.
- Duration of the marriage.
- Age and physical condition of the spouse seeking support.
- Ability of the spouse seeking support to meet their needs independently.
Would you like to be connected to local lawyers who can better assist you with your case?
In Colorado, spousal support (alimony) is determined based on several factors, including:
- Financial resources of both parties.
- Standard of living established during the marriage.
- Duration of the marriage.
- Age and physical condition of the spouse seeking support.
- Ability of the spouse seeking support to meet their needs independently.
Would you like to be connected to local lawyers who can better assist you with your case?
I have a lawyer, I was just looking for some additional advice.
Case Rating: *
Given that you already have a lawyer, here’s some general additional information on spousal support in Colorado:
- Financial Resources: The court will look at the financial resources of both parties.
- Standard of Living: The lifestyle maintained during the marriage will be considered.
- Duration of Marriage: Longer marriages might result in higher spousal support.
- Age and Health: Your health condition and your wife’s ability to work will be evaluated.
- Employment Ability: The court may impute income to your wife if she is willfully underemployed.
If you need more detailed guidance, discussing specific circumstances with your lawyer would be best.
Given that you already have a lawyer, here’s some general additional information on spousal support in Colorado:
- Financial Resources: The court will look at the financial resources of both parties.
- Standard of Living: The lifestyle maintained during the marriage will be considered.
- Duration of Marriage: Longer marriages might result in higher spousal support.
- Age and Health: Your health condition and your wife’s ability to work will be evaluated.
- Employment Ability: The court may impute income to your wife if she is willfully underemployed.
If you need more detailed guidance, discussing specific circumstances with your lawyer would be best.
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