Legal Question in Family Law in Colorado

Division of Assets & Liability

I have just recently filed for divorce. I fear we will go into mediation. I agreed that he can take over the house(Asset), I take full responsibilty for the car(liability) and asked him to pay for half of the dept on the credit card. He has stolen my stimulas check, refused to help me at all on credit card payments. I feel as if my giving up the assest because I do not make enough for a mortage payment, should I be entitled to have him pay for more of the credit debts? I feel as if I'm taking on all the negative and he is reaping the benefits. Does the courts look at assets and liabilities being divided equally?


Asked on 8/29/08, 5:35 pm

1 Answer from Attorneys

Re: Division of Assets & Liability

First, mediation is not to be feared. You only end up with an agreement if you personally agree to it. No decisions can be made for you there.

Second, Colorado courts look at dividing the assets and debts equitably. Generally, the Court will start with the premise that that means dividing it equally. If there is good reason, the Courts can and will adjust from there. You are entitled to ask that all assets and debts be divided equally. If he wants to keep the house, you can ask that buy out your part of the equity. That might happen by him taking more of the debts with him, or he might refinance it. If that can't be done, the house may have to be sold so that you can have your portion of the equity. You do not have to take all of the debt and give him the only asset.

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Answered on 8/30/08, 6:03 pm


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