Denver Property Division Lawyer

Denver Property Division Lawyer

At Johnson Law Group, we understand that divorce is a challenging and emotional experience. One of the biggest concerns during this process is the division of property. The fear of not receiving a fair share can create tension and make negotiations difficult. Our experienced Denver property division attorneys can guide you through this complex process and help you understand your rights, thereby increasing your chances of reaching a fair settlement.

Even in amicable divorces, navigating property division can be complicated. Many couples are unaware of the full scope of assets and debts that constitute marital property. This lack of understanding can lead to unintentional omissions and disputes. For example, one party may agree to spousal maintenance without realizing the other may also be entitled to a portion of their retirement funds.

Johnson Law Group can help you identify all marital assets and debts, fostering transparency and facilitating a smoother, more equitable division. We offer virtual consultations via Zoom, Teams, phone, or in person, and we have Spanish-speaking staff to serve our diverse community better.

Opened in 2015, we provide clear, empathetic, and thorough legal support during this challenging time. Call (720) 712-3303 to schedule a consultation with a Denver property division lawyer today.

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How Colorado Law Treats Marital Property During a Divorce

When it comes to asset division during divorce, there are two types of jurisdictions: community property states and equitable distribution states.

Several states in the West are community property states that require a 50/50 division of marital property. In contrast, Colorado is an equitable distribution state. From a legal perspective, these states favor a fair distribution of assets based on contributions to and sacrifices for the marriage made by both parties.
It is also essential to pay attention to trends in the courtroom. While 50/50 distribution is not required, it is presumed. This means that most courts favor this distribution type and consider it fair. However, Denver judges may make exceptions based on the specifics of the marriage and the couple’s finances. The length of the marriage and whether one person became a full-time homemaker are two of the most significant determining factors.

Tax Implications in Denver Property Division Cases

At Johnson Law Group, we understand that property division in a divorce involves more than just splitting assets; it requires careful consideration of the tax implications. While the transfer of property between spouses during a divorce is generally not a taxable event, it is crucial to understand the long-term effects. The original purchase price, or "basis," of the asset transfers with the property. This means that when you eventually sell the asset, you will be taxed on the difference between the sale price and that original basis, potentially leading to capital gains taxes. Careful planning can help mitigate these future tax liabilities.

Alimony payments also have specific tax implications, which have changed in recent years. For divorce agreements finalized before January 1, 2019, alimony payments were typically deductible for the payer and considered income for the recipient. However, the tax laws changed significantly for agreements finalized after this date. Now, alimony payments are no longer deductible for the payer and are not considered income for the recipient. Understanding which rules apply to your situation is essential for accurate financial planning.

Retirement accounts, such as 401(k)s and IRAs, often represent a sizable portion of a couple's assets. Dividing these accounts requires a legal document called a Qualified Domestic Relations Order (QDRO). A QDRO allows for the tax-free transfer of funds from one spouse's retirement account to another. Without a QDRO, any withdrawals from these accounts would likely be considered taxable distributions, potentially incurring significant penalties. We can help you navigate the complexities of QDROs and have your retirement assets divided fairly and without unnecessary tax burdens.

How Our Denver Property Division Lawyers Can Help

No matter how similar your marriage and financial situation may appear to someone else’s, you need a unique property division plan. Your attorneys at Johnson Law Group can work with you to protect your rights. When litigation becomes necessary, however, you can count on firm representation in the courtroom.

We Listen

We begin all our property division cases by listening intently to what you have to say about your finances and marriage. Marriage is a two-person commitment and so is divorce. Because of this, the relationship dynamic may also determine how the Denver property division attorney assigned to your case charts the approach.

We Review

If you are a breadwinner or have otherwise maintained a career, you may have access to all or most of the financial documents necessary to begin the process. Dependent spouses may often have a more difficult time trying to access bank statements and file tax returns. Our experienced asset division divorce lawyer can assist you in sourcing the additional documentation. We may also liaise with financial experts if you suspect your spouse may be hiding assets from you.

We Recommend

Once we have all the data we need to make informed decisions, we recommend property division options. You can review this together if your spouse is on board with an amicable divorce.

Our recommendations may consider the following:

Current trends in the courtroom regarding property division
Whether there are children or other dependents involved
Whether there is a wide gap in current and potential earnings for both parties
Whether one spouse made career-building contributions to the other
Current income streams, assets, and debts

We Negotiate

In an ideal situation, your spouse immediately agrees to the proposals, and we can move forward with a divorce settlement. Unfortunately, this rarely happens. It is important to note that negotiation is not always bad, so enter the process with an open mind. For instance, some spouses want a clean cut in their relationships. Your spouse may want to offer more currently owned property or cover some of your debts in exchange for doing away with alimony. In some cases, this is a settlement worth considering.

We Protect

We are also committed to protecting family relationships, especially when children or other dependents are involved. When spouses cooperate, this works well. If your spouse takes a combative approach, we try to neutralize the situation before it escalates. Some spouses are committed to making things difficult. When this is the case, we may choose a more aggressive stance to protect your rights.

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At Johnson Law Group, our team of skilled and understanding legal professionals proudly provides comprehensive and efficient legal services for all clients.

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How We Handle More Complex Cases

Some property division cases are more straightforward than others. Even if one spouse wants to fight it out in court, the finances may only involve full-time employment, two cars, and a home. However, some property division cases include complexities requiring exceptional skill to navigate. In these instances, we may need to review finances thoroughly and often liaise with financial professionals.

Here are some situations where this may become likely:

When both parties brought assets into the marriage, those assets became interwoven.
When one or both parties have children or other dependents from prior marriages.
When one or both spouses have multiple income streams.
When one or both spouses are involved in family businesses and become entitled to a portion.
When couples settle in other ways to avoid paying or receiving alimony.
When one or both parties currently pay child or spousal support to another household.

Individualized Attention
Just as each family is unique, so is each family legal matter. We always take the time to completely understand your situation so that we can tailor our advice and strategy accordingly.
Highly Recommended
Our clients often take the time to write and thank us, not only for the results we have earned for them but also for the respect we’ve shown them.
Supportive Counsel
We never lose sight of the fact that divorce and other household conflicts can feel overwhelming. Our family lawyers will answer all of your questions to ease your burden in this difficult time.

“These ladies have done such an amazing job with my case so far! 10/10 highly recommend!”
Before working with Johnson Law. I had a previous attorney who completely screwed us over. He definitely only took us on for the money. He had no communication, mixed us up with different clients and so much more. So my husband and I were very scared working with a different attorney and getting screwed over again but we took the chance with Johnson law. We are currently working with Shana Velez, Kristina Contreras, and Julie Hernandez. After expressing my concerns because of the previous attorney they have kept amazing communication with me. They know who they are speaking to every time, they know my case, and they definitely don’t try to just take my money. They do their best to save me money as much as they can! These ladies have done such an amazing job with my case so far! 10/10 highly recommend! I will be back with another review once we are done working with them :)

- Sierra S.
“I can’t say thank you enough for what y’all did for me!!!!!”
This review nor a amount a amount of characters can express how grateful I am for Johnson law. From the moment I called they gave me a peace of mind that they where going to be able to help me through my child custody situation. I worked with Yasaman and she was super professional and caring. From the moment she started working on my case and laid down the road map to our approach to my case it happened to a tee. She never misled me or over promises anything but over delivered every step of the way! The last 6 months would of been hell if it wasn’t for Johnson Law and Yasaman.

- Jaime S.
“Without their assistance and guidance, I would have had a much harder time making it through my case!”
I hired Johnson law group for an adoption matter. I worked with Daniel Sol as my attorney and his assistant Katie Wilson. They were with me every step of the way. Daniel listened to all of my concerns and helped to address all issues. Without their assistance and guidance, I would have had a much harder time making it through my case! I highly recommend Daniel sol, Katie Wilson and Johnson law group

- Tangee B.
“They worked tirelessly on my case and the outcome was exactly what I expected!”
I was in a very difficult custody/child support dispute with my ex-spouse. The Johnson law Group and in particular Elizabeth Gregory was phenomenal with their representation of my case. Working with her was such a wonderful experience, kept our goals at the top of every conversation, knew all points and avenues that we could take, never lead us in the wrong direction. I would recommend this firm to anyone who is going through a family law issue.

- Liz
“Myles kept me level headed, focused, and listened to what I wanted and really fought to get it for me.”
Myles is the best representation for anyone who has to go through an APR case. From day 1 he was very welcoming and attentive to me and what I was going through. I always felt very respected by him and the other members of his firm. Myles always took the time to really investigate any information or things involved with my case. I knew he was truly invested in my best wishes. When there were deadlines that needed to be met, they always were. If I was ever confused about a process, paperwork or court proceedings Myles took the time to explain and make sure I was comfortable and understood what was going on. All the way through Mediation. He was an absolute success and I could not have asked for better representation. I will always recommend Myles to anyone in need an attorney.

- Aaron
“They actually care about helping loving parents get to see their children.”
My Attorney and Paralegal Kara Mietlicki are such a wonderful team. I’ve seen them in action and it’s amazing.They will go to battle for someone that they believe in. They will work endlessly to make sure that their client gets their paternal rights. I am thankful that they are by my side through the toughest struggle I have ever experienced in my life. I highly recommend their representation.

- Shawndabney W.
“My experience with the Johnson Law Group has been nothing more than spectacular.”
From the initial phone call I spoke to Myles Johnson, he gave great direction on how to proceed. Then acquiring the firm as my legal representation I worked with Said and he helped me step by step to get what I was looking for. I have already recommended two different individuals I know to Johnson Law Group and will be using them for all future situations. From the legal team to Cory at the front desk, everyone at the firm is top-notch.

- Brady M.
“Myles took great care in guiding a smooth process from start to finish drafting a prenuptial agreement.”
He was responsive, efficient, and coordinated well with my wife’s attorney. Very happy with the final result.

- Nick

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Why Hire Our Denver Property Division Lawyers?

For many people, divorce is a frustrating and even terrifying legal process. It is natural to feel anger, hurt, and even fear as you work through the process. Unfortunately, many disputes become aggressive in property division, and tension runs high.

Experienced attorneys can guide you through the process. We also handle many of the unpleasant steps on your behalf.

Contact Johnson Law Group online or call (720) 712-3303 today to schedule a consultation with a Denver property division lawyer.

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