How is property divided in a divorce in Colorado?

How is property divided in a divorce in Colorado?

Colorado is an equitable division state. Some states follow community property laws instead. Equitable distribution states do not assume all property obtained during the marriage is marital property. The result is that Colorado divides marital assets and debts in a way that is fair but not necessarily equal.

Who gets the house in a divorce Colorado?

Colorado is a marital property state, meaning that the courts seek to fairly divide your marital assets between both spouses in a divorce. Generally speaking, that will include the home you purchased with your spouse. Everything you own ends up classified as either marital property or separate property.

Can one spouse evict another?

The Court can Order your spouse evicted from the home and restrain him or her from entering or coming near it. Under Divorce and Matrimonial Property Laws, it does not matter if one of you leaves the home or who leaves first, a person does not lose their rights to the property or to financial support by leaving.

Is Colorado a mom State?

No preference is given to either the mother or the father. Colorado law expresses a preference for parents to share as equally as possible in the custody of a child in a divorce case. Parents generally share decision-making responsibilities. Joint custody rulings in Colorado are different than in other states.

Can I put my husband out?

No one can force you to leave your residence without a court order unless there is domestic violence. In order to get such a court order in a divorce, a temporary orders hearing must be held. During a temporary order hearing, the judge will determine who is awarded the exclusive use of the home.

Can my wife kick me out of the house during a divorce?

There is no presumption that the wife or the husband has to leave the house. One party cannot force the other to leave, and a person is not required to leave the house just because the other wishes it. Under the law, you cannot kick each other out.

Can I throw my wife out of the house?

If you want to leave your family home, you can. In most cases, partners who are going to separate reach an agreement about who will leave the home. If they cannot agree, a family law court may be able to make an order that forces one partner to leave.

What happens if you cheat while married?

In many states, adultery plays a role in determining alimony or spousal support. A spouse’s infidelity can bar their claim for alimony that they may have otherwise been entitled to. It may also help your claim for alimony if it is the other spouse who has cheated.

Can you sue the person your spouse cheated with?

The scorned spouse could sue you. They’re known as “alienation of affection” suits, when an “outsider” interferes in a marriage. The suits are allowed in seven states: Hawaii, Illinois, Mississippi, New Mexico, North Carolina, South Dakota and Utah.

How does cheating affect divorce?

Unfortunately for all of the faithful who are splitting due to a cheating spouse, infidelity rarely has much of an impact on the divorce. A cheating spouse may lose their right to alimony if infidelity can be conclusively proven, even with a no-fault divorce.