One of the fundamental issues in divorce cases is how the marital property will be divided up and distributed to each partner. While the courts will generally approve marital settlements when a couple can agree on the division of marital property in their divorce, it’s also very common that:

  • Disputes will arise between divorcing spouses who are trying to divide their marital assets and debts.
  • The courts will have to step in and resolve these disputes, making a final ruling on the division of marital property in the case.

Regardless of how amicable a divorce may start out, things can quickly change when it comes time to divide the marital property. As a result, it’s crucial that divorcing partners have an experienced attorney like Centennial Divorce Lawyer Bruce H. Rabun on their side to protect their interests and help them work out the best possible division of marital property for them.

When the division of marital property comes up in divorce, you can trust Centennial Divorce Lawyer Bruce H. Rabun to help you obtain the best outcomes to these matters.

When the division of marital property comes up in divorce, you can trust Centennial Divorce Lawyer Bruce H. Rabun to help you obtain the best outcomes to these matters.

What is Marital Property?

Before the courts can distribute the marital property, determinations will first have to be made regarding:

  • What items and assets qualify as marital property, which is essentially any property a couple has acquired in the course of the marriage
  • The value of these items
  • Whether (and if so, how much) marital debt a couple has.

This process can be far less straightforward than it may initially seem, as:

  • There are often cases in which personal property is co-mingled with marital property (such as in the case of monetary funds and bank accounts), in which cases a person may lose his claim to individual ownership of that asset.
  • Some fraction of personal property may become marital property if it substantially appreciated in value during the marriage.

Given the complexities of establishing what the marital property entails, make sure you have Centennial Divorce Lawyer Bruce H. Rabun on your side to help you win favorable rulings on these matters.

How Marital Property Is Divided: Factors Considered by the Court

When the division of martial property is left up to a Colorado court, the following are some of the main factors that will be considered in this determination:

  • What is “equitable”
  • The economic situation of each person
  • Whether one person saw his personal property increase or decrease in value during the marriage
  • Whether one person saw some of his personal property be forfeited to become part of the marital property
  • How much of the marital property has already been awarded to one of the individuals
  • Whether there are other mitigating factors that could impact the division of marital property (such as if one parent may have sole custody, making it preferable for that parent to retain the marital home for the children).

It’s important to point out that it may be possible to appeal the court’s decisions regarding the division of marital property. However, this has to be done according to a specific timeframe and process. Therefore, if you’re considering filing an appeal to a final divorce decree, make sure you consult with Centennial Divorce Attorney Bruce H. Rabun for professional advice regarding your best options.

Centennial Divorce Lawyer at the Law Office of Bruce H. Rabun, LLC

If you are considering divorce, you can trust Centennial Divorce Attorney Bruce H. Rabun to provide you with caring, aggressive representation. For more than 30 years, Bruce H. Rabun has been dedicated to providing each of his clients with the highest quality legal services so they can resolve their divorce – and all of the issues involved with it – as favorably and efficiently as possible.

We invite you to attend an initial consultation with Centennial Divorce Attorney Bruce H. Rabun to get professional advice and find out more about how he can help you.

You can schedule this meeting by calling (303) 221-7899 or by emailing our firm using the contact form on this page. From our office in Centennial, we represent people throughout the Denver metro areas, Arapahoe County, Douglas County and Jefferson County.