Property division is a critical issue in a divorce to ensure financial stability, protect generational wealth, and secure the assets you have worked a lifetime to build. At Brown Carrington, PLLC, our lawyer for divorce disputes in Denver has deep experience handling high-stakes and complex property division matters. We will leave no stone unturned to deliver results that make sense both legally and financially.
Property Division in Colorado: What “Equitable” Really Means
In Colorado, marital property is divided equitably, but not necessarily equally. This distinction is critical. Many divorcing spouses incorrectly assume that everything is split 50/50. That’s not how the law works.
The court divides marital property after looking at several factors to determine what constitutes an equitable distribution:
- The contribution of each spouse to the acquisition of the marital property (including homemaking)
- The value of each spouse’s separate property
- The economic circumstances of each spouse at the time of the division
- Any decrease or increase in the value of separate property during the marriage
- Dissipation of assets (e.g., wasteful spending, gambling, or extramarital use of marital funds)
Our role as your property division attorneys is to ensure that the facts are properly represented and supported by evidence so that you are not taken advantage of during this process.
Marital vs. Separate Property in Colorado
A critical first step in any property division case is differentiating between assets considered marital property and separate property.
Marital Property Includes:
- Assets acquired during the marriage, regardless of whose name is on the title
- Real estate purchased- jointly or individually- during the marriage
- Retirement accounts, pensions, and stock options earned during the marriage
- Business income, business interests or income earned during the marriage
- Debts accumulated during the marriage
Separate Property Includes:
- Assets owned by one spouse before the marriage
- Gifts or inheritances given solely to one spouse (even during the marriage)
- Property explicitly protected by a valid prenup or postnup
- Certain personal injury settlements
However, separate property can lose its separate status through commingling. For example, if you deposit inherited funds into a joint account or use premarital assets to renovate a jointly owned home.
We help our clients untangle these issues through asset tracing, forensic accounting, and aggressive advocacy in court in order to ensure a fair division.
Commonly Disputed Property Categories
Property division in a Colorado divorce often involves more than splitting a house and some bank accounts. At Brown Carrington, PLLC, we frequently deal with more complex and nuanced assets, such as:
Real Estate Portfolios
Whether it is the marital home, vacation properties, rental units, or commercial real estate holdings, we assist clients with:
- Determining current fair market value (FMV)
- Identifying equity and encumbrances
- Evaluating passive income streams from rental properties
- Negotiating buyouts, sales or co-ownership agreements
We also work with appraisers and real estate professionals to ensure no asset is undervalued or overlooked.
Retirement Accounts and Pensions
From 401(k)s and IRAs to military pensions and defined benefit plans, retirement assets may represent a substantial portion of the marital estate. Division usually requires a Qualified Domestic Relations Order (QDRO), and incorrect drafting can result in tax penalties or loss of benefits.
Our skilled Denver property division attorneys make sure your long-term security is not compromised.
Business Ownership and Professional Practices
If you or your spouse owns a closely held business, professional practice, or partnership, we can help:
- Determine fair market or enterprise value
- Evaluate goodwill, revenue, and cash flow
- Protect your interests during buyouts or co-management agreements
We may work with forensic accountants and industry experts to prevent undervaluation or fraudulent asset shifts.
Investment Accounts, Stocks, and RSUs
Dividing brokerage accounts, cryptocurrency holdings, and restricted stock units (RSUs) requires understanding not just present value, but also future tax treatment and vesting schedules.
We may bring in financial analysts when necessary to ensure complex portfolios are properly dissected and divided.
Debts and Liabilities
Property division also includes marital debt. We help ensure that:
- Credit card debt, personal loans, or business debts are fairly allocated
- You are not saddled with liabilities you didn’t create or benefit from
- Debt assignment aligns with the party who has the income or intent to pay
How Do We Protect Your Property Rights in Denver?
At Brown Carrington, PLLC, our legal strategies are proactive, not reactive. Here’s how we advocate for you:
Early Case Assessment
At the start of the property division process, our attorneys conduct a comprehensive review of your marital estate to identify all relevant property types, ownership structures, and legal documents.
Asset Discovery and Forensic Analysis
If your spouse is hiding or undervaluing assets, we bring in forensic accountants, subpoena financial institutions, and utilize discovery tools such as:
- Depositions
- Interrogatories
- Subpoenas
- Expert valuation reports
Asset Protection Planning
If you are concerned about protecting certain types of property acquired, such as a family business or inherited property, we evaluate whether they qualify as separate property and strategize accordingly.
Negotiation and Settlement
In a legal separation or divorce proceedings, we negotiate from a position of strength. Our goal is always to reach a favorable settlement without dragging you through court, but we prepare every case for trial.
Litigation and Court Representation
When negotiation fails, we litigate with skill and strategy. We present a detailed and evidence-backed case to the judge, complete with expert testimony, documentation, and a persuasive legal argument for equitable distribution in your favor.
How Premarital (Prenuptial) and Marital (Postnuptial) Agreements Affect Property Division in Denver
In today’s financial climate, many of our clients enter marriage with significant assets and take steps to protect them through premarital (prenuptial) or marital (postnuptial) agreements. We regularly assist clients in:
- Enforcing valid prenuptial agreements that protect businesses, real estate, and future income
- Challenging invalid or coercively obtained agreements
- Drafting legally sound and strategic prenuptial or postnuptial agreements when divorce is not imminent, but protection is needed
Property Division and High Net Worth Divorces
For high net worth individuals, property division is exponentially more complex and may include high-value marital assets, such as:
- Trusts and offshore holdings
- Private equity, hedge fund, or venture capital interests
- Executive compensation (bonuses, stock grants, deferred income)
- Luxury assets, such as art, intellectual property, luxury vehicles, and jewelry
- Multi-state or international assets
We have experience working with valuation specialists, estate planners, and tax attorneys to craft division plans that are legally sound and financially strategic.
Choose an Experienced Denver Property Division Lawyer
When it comes to dividing marital property in divorce, you need a legal team with years of experience, proven strategy, and financial knowledge. At Brown Carrington, PLLC, we offer:
- Sophisticated legal representation matching your property profile
- Proven experience in complex asset division and high net worth cases
- Discretion, confidentiality, and client-focused advocacy
- Trial readiness, ensuring you are never negotiating from a position of weakness
Dividing property during divorce does not have to mean financial ruin or emotional chaos. With the right legal team, you can walk away empowered, protected, and prepared for what’s next. To schedule your confidential consultation, call us at 720 927-7006 or contact us online.
