Separate & Marital Property

Separate Property

Every divorce case involving property requires the classification of assets as marital or separate. Generally, marital assets are those which were acquired during the marriage, regardless of how they were acquired or titled. Separate property consists of assets owned before the marriage or acquired by gift or inheritance. Moreover, some assets may be a combination of separate and marital property interests.

Optimizing The Task Of Marital Property Division

While separate property cannot be divided between spouses in a divorce, any increase in value or appreciation attributable to separate assets can be divided between spouses.

Likewise, separate and marital assets are sometimes commingled, creating difficult and complex problems in the division of property. Spouses claiming separate property interests have the burden of proving that these assets should not be included in the marital property estate.

What’s Yours | What’s Mine | What’s Ours

Deciding which assets are separate and apart from the marital estate is one of the greatest challenges in divorce. Our lawyers have the investigative and analytical abilities to assist with this process. Our skills extend to gifts, inheritances and retirement holdings. Call the Denver, Colorado, separate property lawyers at Polidori Franklin Monahan & Beattie, 303 936 3300 or contact our attorneys online.

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