Eagle County Property Division Attorney

Eagle County Property Division Lawyer

Going through a divorce or legal separation can be one of the toughest events a person can experience. No one gets married expecting to later separate, so people often don’t know the extent of their legal rights while divorcing. Dividing property can be extremely stressful during divorce proceedings, but an experienced Eagle County property division attorney can explain what you’re entitled to.

Experienced Property Division Attorneys in Eagle County, CO

Kinnett & Cordes is a Colorado-based law firm that handles all aspects of family law. We strive to be attorneys who can be relied on during tough times in our clients’ lives. Our team knows that every case is different, so we focus on building a custom legal strategy and taking an empathetic approach.

Of the 55,374 residents of Eagle County, 10 to 11% of them were divorced as of 2023. Our attorneys are strong courtroom advocates in the Eagle County District Court, but we work to avoid trial, when possible, to save our clients time and money. We can pursue collaborative solutions while putting your desires at the forefront.

Marital Property vs. Separate Property

Property division laws are outlined in the Colorado Revised Statutes § 14-10-113. During a divorce or legal separation, the court is required to determine what property belongs to each spouse individually. Then, it must divide the marital property between the two of them fairly.

Property is typically valued either on the date of the divorce decree or on the date of the property division hearing, depending on which happens first. Marital property includes anything either spouse acquires during the marriage, regardless of whose name is on the title. This can include:

• Wages
• Real estate
• Vehicles
• Investments
• Retirement accounts

Marital property may also include growth in the value of separate property during the marriage. For example, one spouse owned a house before the marriage. Its value then increased during the marriage because both spouses contributed to it or paid down the mortgage with marital funds. If that happens, that increase in value may be considered a marital asset.

Separate property includes anything one spouse owned before the marriage and certain types of property acquired during the marriage. This includes:

• Gifts from someone other than the spouse
• Inheritances
• Property received in exchange for other separate property
• Property acquired after a legal separation

For gifts given between spouses, especially high-value assets, like vehicles or jewelry, Colorado law presumes that these are marital property unless one spouse can prove otherwise with clear evidence.

With the average home in Eagle County valued at $1,011,906 in 2025, real estate division can be incredibly high-stress for divorcing couples. It’s important to hire a property division attorney to protect your rights during the entirety of your case.

Commingling

There’s a risk that separate property can become marital if it is commingled with marital assets. For example, one spouse receives an inheritance during the marriage. They use that money to purchase a family vehicle, which is titled in both spouses’ names. That vehicle may be considered marital property.

Even though the funds were originally separate, placing the asset in both names and using it for shared purposes can transform it into marital property, and it will be subject to division in a divorce.

These instances are incredibly common in marriage, as trying to keep everything separate is difficult to do. Most couples don’t think they’ll go through a divorce, making it even more common to commingle assets.

To avoid commingling and protect separate property during a marriage, it’s essential to keep that property entirely distinct from any marital assets. Keeping detailed documents can also help identify separate assets. Document where the asset came from, when it was received, and whether it was intended solely for you.

Colorado Property Division Laws

When dividing marital property, Colorado courts look to divide assets equitably. This does not mean equally but fairly. Dividing assets is also done without considering who was “at fault” in the marriage. Judges will consider factors such as:

• Each spouse’s contribution to acquiring the property (including non-financial contributions, like homemaking)
• Each person’s financial situation
• How the value of separate property changed during the marriage
• Whether it would make sense to allow the spouse who has primary custody of the children to continue living in the family home
• Whether a spouse used their separate assets to benefit the marriage, such as paying off joint debts or making home improvements

Property division can also affect spousal support. A court will consider what marital assets a spouse receives when deciding if and how much support should be awarded.

Some assets are not considered property. These include any will, trust, or life insurance policy that can still be changed. These types of assets are also not considered when evaluating either party’s financial situation. An Eagle County property division lawyer can further explain how these assets will be affected, if at all.

Retirement Benefits

Colorado law also allows public employee retirement benefits to be divided between spouses during a divorce or legal separation. These benefits may be divided directly by the retirement plan itself if both spouses agree in writing.

The parties can enter into a written agreement dividing the retirement benefit as part of their divorce or separation. This agreement must be submitted to the plan administrator within 90 days after the final decree and property orders are entered.

Why Prenuptial and Postnuptial Agreements Are Important for Asset Protection

While some couples find them taboo, prenuptial and postnuptial agreements offer valuable protections by providing control over financial matters during marriage and divorce.

A prenuptial agreement, signed before marriage, and a postnuptial agreement, signed after marriage, can outline:

• How property and debts will be handled
• Whether and how spousal support will be paid
• How attorney fees might be divided

This can make divorce proceedings extremely streamlined and less stressful for all parties involved.

These contracts are especially helpful if one or both spouses:

• Have children from a previous relationship
• Own a business
• Receive a large inheritance

In Colorado, both types of agreements must be fair, transparent, and signed voluntarily. With proper legal guidance from an asset lawyer, these agreements can provide a secure foundation for you and your family’s future.

Hire a Property Division Attorney

Here at Kinnett & Cordes, we know how overwhelming family law can be. Our clients appreciate our ability to clearly explain state laws so they can make informed decisions about their future.

We’re dedicated to serving Eagle County residents and their families through their toughest moments. Contact our team today to discuss the details of your case.