Ask Attorney April is a forum for you to face the tough questions and tough answers. This is a place where readers going through separation, divorce, or custody battles can see that they are not alone – that help is out there and that they can learn and grow from whatever trial they find themselves in. Today we will be looking at a couple of questions I have received about marriage. If you have a question that you would like me to answer please comment below and I will gladly get back with you.
April D. Jones has been an attorney in private practice for over 20 years. Her law firm, Jones Law Firm, PC, specializes in family law matters and is located in Greenwood Village, Colorado.
Dear Attorney April,
Can you tell me what separate property is when two people are married? I am not planning on getting a divorce, but I married late in life and had considerable assets at the time my wife and I married five years ago. ~ Just Curious
Dear Just Curious,
Separate property includes property acquired before marriage and property acquired by gift or inheritance. Separate property that is co-mingled with marital assets or placed in an asset that is held in joint tenancy may be construed as a gift to the marriage and thereby considered to have become marital property. The spouse who is claiming that the property is still separate property has the burden of proving that a marital gift was not intended.
Nonetheless, separate property that remains separate property is still subject to distribution to the other spouse in that the growth in value of the separate property assets during the marriage period is, in fact, marital property subject to equitable division. Hope this helps.
Dear Attorney April,
My husband recently ended an affair and wants to get counseling to fix our marriage. I would like to work on our marriage, too, but I am wondering if I have more of an advantage in court (since he is at fault) and if it is, therefore, better that I start divorce proceedings now?
~ Maruchan
Dear Maruchan,
In Colorado, the Court grants divorce decrees without regard to “fault,” and a divorce can be obtained upon the Court finding that the marriage is “irretrievably broken.” If you want to work on your marriage, I encourage you to get good counseling right away. I wish you all the best.
Disclaimer:
The Ask Attorney April column is intended to be general information only. It is not intended to be legal advice and may not address your specific legal matters. If you have a legal question, it is imperative that you seek the advice of an attorney who will provide you with legal counsel tailored to your specific need or situation. Please contact your local bar association if you need an attorney referral. Remember, knowledge is power!
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