Property Settlements

Property Settlements Or Division Of Assets

Colorado is an "equitable distribution state" not a "community property" state, such as Texas or California.

The Courts here are supposed to divide all marital assets equitably or fairly between the parties. This fact means an equal division of all marital assets most of the time. However, the Courts are not required to split marital assets fifty–fifty.

It is fair to divide all marital assets equally most of the time, but to allocate or divide all marital debts in proportion to income.

For example let's say husband makes $75,000.00 per year, and wife makes $25,000.00 per year. Under this example it would be fair or equitable to assign husband 75% of all maritial debt and to assign wife 25% of all marital debt. I have successfully argued this kind of thing in Court.

Certainly I do not mean to imply by any of my examples that women are not capable of making more than men. Women and men are equally capable, and sometimes in my cases the wife does make more income than her husband; however, that is not usually the case from my experience.

Women and men are equal under the law. Our laws are gender neutral, meaning that the Court is not supposed to consider the gender or sex of a party when making decisions and issuing orders. Justice is supposed to be blind. "Blindness" means that the Magistrate or Judge is supposed to rule in cases as though he or she were wearing a blindfold over their eyes, and decide the case upon the facts and evidence of what they hear in Court, not upon the basis of the appearance of the person.

Judges are not supposed to pay attention to what gender a party is, or what that person's position is in society, or what that person wears, whether expensive clothes or not. Judges are supposed to base their decisions upon the facts and evidence they hear, and judge fairly.

You may look up Colorado Revised Statutes (C.R.S.) Title 14, Arti

cle 10, Section 113, for further information.