So, you are getting divorced in Denver, and there is a marital house involved. Maybe it is the cozy bungalow you both fell in love with, or maybe it is that rental property you have been managing for years. Either way, once real estate enters the mix, things start to feel messy. You are talking about where you lived, what you built, and, for some, where their kids grew up.
And it can be emotional. Even before you start thinking about paperwork or “equitable distribution,” it already feels like a lot. When the stakes are so high, it is important to speak to a divorce attorney in Denver who will strongly represent you and make sure your rights and interests are safeguarded.
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How Property Division Works in a Denver Divorce
Colorado uses equitable distribution. It just means the court wants things divided fairly. Fairly, not necessarily evenly. So, you are not guaranteed a clean 50/50 split.
The court looks at your full situation: how long you were married, who contributed what, who makes more, and who is taking care of the kids. They want it to feel fair based on your lives, not just the math.
But before any division can happen, you have to figure out what type of property you are dealing with.
Marital vs. Separate Property
If you bought your Denver home together after you were married, it is usually considered marital property. It means you both own it, even if just one name is on the title.
But if one of you bought the place before marriage, things start to blur. That property might be considered separate. However, if the home increased in value during the marriage, or if you both chipped in for renovations or the mortgage, then that increase in value may count as marital.
Think of it this way: say your spouse bought a house in Wash Park years ago for $350,000. Now it is worth $700,000. That $350,000 growth could be part of what gets divided. And in Denver’s housing market, where prices have shot up like crazy, that number could be huge.
Getting the Home’s Value Right
Before anything gets split, you need to know what the property is actually worth. This is where appraisers come in.
An appraiser looks at similar homes in your area, the property’s condition, and local trends to find the fair market value. Sometimes, both spouses hire separate appraisers, particularly if one thinks the other’s numbers are a little too convenient.
Since Denver neighborhoods can vary a lot, it matters where your home sits. A spot in Cherry Creek won’t be as valuable as a home in Littleton. Got a ski cabin up in Breckenridge or a downtown rental? Each one needs its own appraisal.
Get those numbers right early because it prevents so many arguments later.
So, What Are Your Options?
Once you know the value, you have a few paths forward. None is easy, but each one fits different situations.
Sell the House and Split the Proceeds
This one is the cleanest break. Sell, pay off the mortgage, and divide what’s left. Both of you walk away and start fresh. Emotionally, it can sting, especially if that home has been the center of your family’s life.
One Spouse Buys Out the Other
If one person really wants to stay, then that spouse can buy out the other’s share of equity. It usually means refinancing the mortgage in your own name. And with Denver’s high housing prices, qualifying on a single income can be a challenge.
Keep the Property (For Now)
Some couples decide to hold onto the property together for a while. Maybe they are waiting for a better market, or maybe they just want to keep things stable for the kids.
It can work, but only if both people communicate and trust each other, because you are still sharing the mortgage, taxes, and repairs. That can get messy fast if things get tense.
When You Cannot Agree
If you cannot see eye to eye, the court steps in. Judges in Colorado look at things like:
- Each person’s finances and earning potential
- Who contributed to buying and maintaining the property
- How much the home has changed in value
- Whether one parent should stay in the home for the children’s stability
Their goal is fairness, not punishment. However, once a judge decides, that decision is final. That is why most people try to work it out before getting to that stage.
The Mortgage Issue That Catches People Off Guard
Even if you move out, if your name is on the mortgage, you are still legally tied to it. So, if your ex misses a payment, both of your credit scores can take a hit. The only real way to get your name off that loan is through refinancing.
And refinancing means re-qualifying on your own. If that is not realistic financially, selling might be your cleanest option.
The Emotional Side
Property division in a divorce is as much financial as it is personal. A house is full of memories like birthdays, late-night talks, and kids running down the hall. It is okay to grieve losing that space.
Keeping the home does not always mean keeping the peace. Sometimes letting go opens the door to a fresh start. Other times, staying provides stability that you and the kids really need. There is no single right answer; only what feels right for your situation.
Having the Right Denver Divorce Lawyer Changes Everything
Trying to figure this out alone is not a great idea. This is where the right property division attorney in Denver can make life easier. They will have connections with a real estate appraiser who understands Denver’s market and even a financial planner who can help you plan for the next stage.
When a proven divorce attorney represents you skillfully during negotiations or in the court, your voice gets heard and you can expect the best possible outcome.
