Adams County Property Division Attorney

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Adams County Property Division Lawyer

Dealing with divorce or separation can be difficult. One of the most stressful parts is often deciding how to divide property and assets. If you live in or near Adams County, you may already know that property division can get messy. Partnering with an Adams County property division attorney is a way to make sure your financial future and legal rights are protected.

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About Kinnett & Cordes

Kinnett & Cordes is a Colorado family law and mediation firm. We focus exclusively on family law matters such as high-conflict divorce litigation, child custody, modification of child support, adoption, and dependency and neglect cases. We strive to keep our rates reasonable because we believe that no one should have to go without legal advice.

We have been named as Best Lawyers by the American Institute of Family Law Attorneys and recipients of the Supreme Court of Colorado Pro Bono Achievement award for many years. At Kinnett & Cordes, when you hire us, you don’t just hire a property division attorney. You get a team of people who can fight to protect your future. For residents in Adams County, these types of cases are typically held at Adams County District Court.

Property Division Laws in Adams County

Colorado state law, which governs the residents of Adams County, is one that uses equitable distribution as the standard. Essentially, this means that marital property will not necessarily be divided equally. The court will look to what is fair and equitable to the spouses under the circumstances.

This may include the length of the marriage, the contributions of each spouse to the marriage, the financial future of the couple, and other factors. Equitable may not always mean equal, and each case is determined on its own. This is where an Adams County property division lawyer can provide an individual assessment of how the laws will affect your circumstances.

Understanding Property Division

In 2022, Colorado reported a divorce rate of 2.9 per 1,000 people, slightly higher than the national average. Nationwide, there were 672,502 divorces in 2022, representing a rate of 2.4 per 1,000 people.

Property division is the legal process of dividing marital assets and debts when you divorce. Assets may include:

Real estate
Bank accounts
Retirement funds
Investments
Businesses
Personal property

Debts, including credit cards and mortgages, are also considered. Recognizing how marital property differs from separate property helps you maintain full protection of your rights during division.

Community vs. Separate Property

Colorado law distinguishes between two types of property. These are community, marital, property, and separate property.

Marital property consists of assets acquired by either spouse during the marriage, and is community (marital) property even if the asset is titled in the name of only one spouse. For instance, if only one spouse opened a savings account during the marriage, both spouses may be entitled to the savings account.

Property owned by either spouse before the marriage or acquired by gift or inheritance during the marriage is separate property. Separate property can commingle with marital property over the course of a marriage, and without an attorney, it may be difficult to distinguish between the two.

Distinguishing between separate property and marital property is often not a simple matter. An asset lawyer can help to protect your rights and make sure you are treated fairly.

Mediation vs. Litigation in Property Division Cases

Property division presents two primary options: mediation and litigation. Mediation, less adversarial and more cost-effective, allows both parties to negotiate a fair settlement with a neutral third-party mediator. This approach is all about finding common ground and fostering cooperation. It often results in outcomes both parties can live with while minimizing stress and preserving resources.

Litigation involves presenting your case in front of a judge, typically when agreements cannot be reached. It is generally a more time-consuming, costly, and emotionally draining approach. However, it becomes necessary in high-conflict cases or when one spouse refuses to be transparent about their finances.

An experienced property division attorney can guide you on whether mediation or litigation serves your circumstances, helping you to achieve a fair outcome and safeguard your future.

Steps to Take Before Filing for Divorce

Going through a divorce can be an anxious time, and the thought of preparing for one might seem a little too much. However, taking early action and ensuring you are in the greatest possible position prior to filing can make the process of property division run more smoothly. A few things to do in preparation for divorce include:

Collect financial records. Gather loan documents, property deeds, retirement account records, tax returns, and bank statements.
Make an inventory of your assets. Note the date and method you acquired for both separate and marital property.
Steer clear of significant financial decisions. Never transfer money, sell real estate, or take on new debt without first speaking with a lawyer.
Seek legal advice as soon as possible. Getting legal counsel early on can improve your position and help you avoid mistakes.

Why Hire a Property Division Attorney

Division of property is rarely black and white. Even simple divorce cases can have a surprising number of nuances, and your marital assets are no exception. If you’re in the process of a divorce, there’s a lot of property to think about. The classification, valuation, and distribution of each asset can have long-term implications on your financial well-being.

Without an experienced advocate, you might miss or undervalue property, take an unfair share, or simply misapply Colorado’s property division laws to your unique circumstances. When you hire a property division attorney, you can identify all the marital assets, separate property from marital property, and make sure it is all appropriately valued before negotiating or litigating for division.

Hiring an attorney also alleviates stress, helps you understand your rights, and keeps you informed every step of the way so you can make the greatest possible decisions, allowing you to protect both your finances and emotions.