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Property Division

Questions about dividing assets and debts in divorce

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Property Division

6 questions answered

No, Colorado is not a 50/50 (community property) state. Colorado is an "equitable division" state, which means marital property is divided fairly, but not necessarily equally. **What "equitable" means:** - Fair under the circumstances - Based on relevant factors - Often close to 50/50, but not always - Considers each spouse's situation **Factors courts consider:** - Each spouse's contribution to acquiring marital property - Value of property set apart to each spouse - Economic circumstances at the time of division - Changes in value of separate property during marriage - Depletion of separate property for marital purposes **When division might not be equal:** - One spouse has significantly more separate property - One spouse dissipated (wasted) marital assets - Significant differences in earning capacity - Length of the marriage - One spouse's contribution to the other's education/career **Common misconception:** Many people assume equitable means equal, and often it does end up close to 50/50. But the court has discretion to divide property differently based on what's fair in your specific situation.

Disclaimer: These answers provide general information about Colorado family law. They are not intended as legal advice for any specific situation. Laws and circumstances vary, so consult with an attorney for guidance on your particular case.

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