It’s Mine, No MINE!
In Colorado, the division of property in a divorce is governed by the principle of equitable distribution. This means that property is divided in a way that is fair and reasonable, but not necessarily equal.
When it comes to the family home, there are a few different factors that can influence who gets to keep the house in a divorce. Here are some of the key considerations:
Marital vs. Separate Property: The first question is whether the house is considered marital or separate property. Marital property is any property acquired during the marriage, while separate property is property that was acquired before the marriage or through inheritance or gift. In Colorado, marital property is subject to equitable distribution in a divorce, while separate property is generally not divided.
Financial Contributions: The court will also consider each spouse's financial contributions to the home during the marriage. This includes things like mortgage payments, property taxes, and home improvements. If one spouse made a significantly larger financial contribution to the home, they may be more likely to be awarded the house in the divorce.
Non-Financial Contributions: The court will also consider each spouse's non-financial contributions to the home, such as homemaking, child-rearing, and maintenance and repair work. These contributions can also be taken into account when determining who gets to keep the house.
Children: If there are children involved in the divorce, the court may prioritize keeping the family home intact to provide stability for the children. In this case, the parent who has primary custody of the children may be more likely to be awarded the house.
Ultimately, the decision of who gets to keep the house in a divorce in Colorado will depend on the specific circumstances of the case. If you are considering all aspects of a divorce and have questions about the division of property, it is advisable to consult with a qualified family law attorney for guidance. We are happy to connect you with professionals in this sphere that can answer all of your questions. Please reach out to connect!