Do You Have A Separate Property Claim?

Part of the divorce process is conducting an exhaustive inventory of marital assets. All assets acquired within the marriage are to be divided among the parties, according to Colorado law. But there is a separate category for assets acquired outside the marriage and individual gifts and inheritances, which are not divided.

Dividing Property According To What Belongs Solely To You

Separate property clearly includes:

  • Gifts
  • Property acquired before marriage by one of the spouses
  • Property that is inherited and not comingled
  • Property that both spouses agreed belongs to just one spouse

Separate property may include other items as well, but you will likely need a lawyer to resolve these issues.

Diane Freed brings to separate property claims what few lawyers can — an impressive background as a corporate tax attorney, with years of experience parsing complex business law.

You Still Need An Advocate On Your Side

Being classified as separate does not settle the matter. If the asset you obtained during the marriage increased in value, or if it was comingled with marital assets, the value of that part of the gift or inheritance will be designated as marital property.

As you can see, there is room for disagreement, and this is what separate property claims do — they assert that an item should not be considered part of the marital property. At Diane S. Freed, P.C. Attorney at Law, we have successfully sought and obtained clarity on separate property issues for numerous clients.

If you wish to discuss a separate property claim, we invite you to call us today at Diane S. Freed, P.C., at 303-500-8865, or email us in Lakewood.