Legal Question in Family Law in Colorado

Equatable Property Division

In a divorce, if you cannot agree on property division, personnel and real, what is the likely outcome in court. Wife does not work. we have 3 children. Will it still be divided equally. She woud never qualify for a loan. Would they give her the house and me the loan? How about furniture will court waste time decided who get the couch? Thanks

Asked on 10/16/00, 4:35 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Equatable Property Division

It is worth further serious effort to attempt to reach a mutual settlement. Otherwise the Judge will do it for you, and there will undoubtedly be aspects you don't like. Remember that a negotiated settlement necessarily means you won't get everything you want.

Who gets the house and whether or not there is spousal support depends upon many factors, including the wife's marketable skills in the workplace, if any. The final division is seldom 50-50.

And yes, the court will deal with the furnishings as a package. Often times the wife has an advantage in this area.

Try again for settlement. Give up the stuff that doesn't really matter.

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Answered on 11/14/00, 5:14 am

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