Property Division in a Colorado Divorce

Divorce: Colorado’s “Equitable Division” Rule

One question we hear often is "how will we divide our stuff in the divorce?" When a married couple divorces, Colorado follows the rule of equitable division when dividing property. That means the court divides things fairly, not necessarily 50/50.

The judge looks at what belongs to the marriage (called marital property) and what belongs to each person separately (separate property).

• Marital property usually includes anything earned or bought during the marriage—like a house, savings, or retirement accounts.

• Separate property includes things you owned before the marriage, as well as inheritances or personal gifts made just to you.

  
  

But it’s not always simple. For example, if your separate home gained value during the marriage because both of you worked on it or paid for it together, part of that increase might count as marital property.

The court looks at many factors to decide what’s fair, including each person’s income, needs, and contributions to the household.

Common Law Marriage Treated The Same

Colorado recognizes common-law marriage, which means a couple can be legally married even without a ceremony or marriage license, if they lived together and both agreed to be married.

If a judge decides you were in a common-law marriage, then property division works the same as in a regular Colorado divorce. The court divides marital property fairly, using the same equitable division rules.

Sometimes the hardest part is proving that a common-law marriage existed. Things like shared bank accounts, joint tax returns, and calling each other husband and wife can all be evidence of a marriage.

Unmarried Couples: Different Rules Apply For Property Division

If you were living together but not married (and not in a common-law marriage), property division works differently. Colorado courts don’t apply divorce laws to unmarried couples.

That means:

• Property belongs to the person whose name is on the title or account.

• There’s no automatic right to share in your partner’s house, retirement, or income.

  
  

However, there are still some options. If you can show you helped pay for property or made significant contributions based on an agreement or promise, you might be able to make a contract or unjust enrichment claim. But these cases are more complicated and less predictable than divorce cases.

The best protection for unmarried couples is a cohabitation agreement, a written plan that says who owns what and how things will be divided if you ever separate.

Practical Tips

• Keep good records of what you each paid for and when.

• Don’t mix personal inheritances or gifts into shared accounts. Consult an attorney before mixing any court settlement funds into shared accounts.

• Keep titles, deeds, and financial statements organized.

• Talk to a lawyer before signing anything that affects property ownership.

  
  

When to Talk to an Attorney

Property division in your Colorado divorce can affect your financial future for years to come. Whether you’re married, common-law married, or unmarried, it helps to get clear legal guidance early.

At Justin Tucker Law, we help clients understand their rights, organize their financial records, and find fair, practical solutions for moving forward.

Remember: Every situation is unique, and this article is for general information only -- it’s not legal advice. To discuss your specific case, contact us for a consultation.