Aside from matters regarding children (like child custody), property division can be one of the more contentious issues related to a Wheat Ridge, Arvada, or Littleton divorce. If the two parties cannot come to an agreement about who gets the home, then it will be up to a Jefferson County Court judge to make that determination. It is important you do everything you can to protect your interests in your divorce case.
Marital Home and Divorce: Should I Move Out While My Divorce is Pending?
If you are looking to stay in your marital house after the divorce is finalized, then it is in your best interest not to move out. This is, of course, unless for your own well-being or for the well-being of your children it is best you physically separate from the other party and they refuse to leave the home. You should always put your safety, health and wellness above anything else. If you do not intend to stay in the home after the divorce and do not care to fight for it, then you can move out anytime.
Fight for the Marital House: How Does the Jefferson County Court Decide Who Gets the Home?
When it comes to property division in a Jefferson County dissolution of marriage, the judge will be looking to make a ‘fair and equitable’ decision. Some factors the judge will likely consider are:
- Both parties’ desires regarding the home
- Who is currently living in the home
- Financial contributions and investments into the home
- Financial situation of each party
- Child custody arrangements and parenting time agreements
- Division of other marital assets
- Any pre-nuptial or post-nuptial agreements and the terms involved
Again, when it comes to dividing marital assets in Colorado, it is not about equal division, but what is fair and equitable.
Fighting for My Marital Home: Is it Worth it?
When you are making the decision to end your marriage and begin the divorce process, you should ask yourself if you truly want to fight for your marital house. Making that determination early can help shape how your divorce proceeds and is finalized – including whether or not you can settle without having the judge make the final decisions. Consider whether you can afford the property taxes and repairs involved with owning the home. It might just be the perfect time to start fresh in a new place. Or, maybe its best to keep your kids where they grew up and feel comfortable.
If you are getting divorce and dealing with asset division, contact the best divorce attorneys from the Pearman Law Firm at 303-991-7600.
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