Dividing Personal Property

Summary:  The marital property must be equitably divided between the spouses. Generally this means about a 50-50 split. Pro rata exchanges are generally made. Make sure that any separate property is first identified, set aside, and not divided. Household furniture should always be settled by the parties, not the court.

General Law in Colorado as to Division of Property

The court shall make an equitable and just division of marital property, without regard to fault. CRS 14-10-113.

This division is mandatory in order to get a decree.

Separate property is not subject to the equitable division. The owner keeps all separate property.

Generally an equitable division means a 50 - 50 split. Especially if the judge has to do it where the spouses cannot agree between themselves. (In most cases, the judge isn't going to be entertained by listening to your dispute). Although a 50 - 50 split of martial property is typical, it is not mandatory. The economic circumstances of each spouse and the children can be considered. Such as present earning capacity.

Cash and investments are usually divided about 50 - 50. The same for retirement assets.

In many cases assets are not divided 50 - 50 each, but instead the parties trade out certain assets on a pro rata basis. This may allow one party to keep the home and the other party to keep a retirement account intact.

Fault (pre-petition) cannot be considered when the court allocates the property between the spouses.

Household Furniture and other Personal Property

Personal property such as furniture should always be decided by the spouses. Otherwise a judge may flip a coin or use some other arbitrary method of dividing personal property.