If I Leave During A Divorce, Do I Forfeit My Interest In Our Home?

Forfeit My Interest In Our Home In Divorce?

Leaving your home during a divorce in Colorado does not automatically forfeit your interest in the property.

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Colorado is an equitable distribution state, meaning that marital property, including the family home, is divided in a manner that the court deems fair, though not necessarily equally. Here’s how this situation typically unfolds and what you should consider:

Legal Ownership and Property Rights During Divorce

Marital Property

In Colorado, any property acquired by either spouse during the marriage is generally considered marital property and is subject to division upon divorce. This includes the family home, regardless of whose name is on the title, provided it was purchased during the marriage.
Individual Ownership:

If the home was owned by one spouse prior to the marriage and not commingled with marital assets, it might be considered separate property and not subject to division. However, any increase in value during the marriage might be considered a marital asset.
Impact of Leaving the Home

Physical Possession vs. Legal Rights

Leaving the marital home does not affect your legal ownership or rights to the property. Your financial interest remains intact, and you can claim your share during the property division in your divorce proceedings.

Strategic Considerations In Divorce

While you do not lose your property rights by leaving, doing so can have strategic implications:
It may impact child custody arrangements if children are involved.

It might give the spouse who remains in the home an advantage in terms of convenience and stability, particularly in custody disputes.

Access and Use Of The Marital Home

If you leave the home, you should discuss how the property will be used, who will maintain it, and how mortgage payments and other expenses will be handled. These decisions can be formalized through temporary orders during the divorce proceedings.

Protecting Your Interests In Divorce

Get Legal Advice!

Consult with a divorce attorney to understand your rights and options regarding the marital home and to ensure that leaving the home does not negatively impact your interests in the divorce.

Temporary Orders

You may request temporary orders from the court to address issues such as spousal support, child custody, and property use during the divorce process. This can include orders regarding who lives in the home and how expenses are paid.

Negotiation and Mediation

Often, property matters are settled through negotiation or mediation. Being proactive in these discussions and clearly stating your interests regarding the home can influence the outcome.

Forfeit My Interest In Our Marital Home During Divorce – Not Necessary!

In summary, physically leaving the marital home during a divorce in Colorado does not mean you forfeit your interest in the property. However, it is important to handle this step strategically, especially regarding temporary living arrangements, financial obligations, and negotiations related to property division. Legal guidance is highly recommended to navigate these issues effectively and to protect your rights and interests throughout the divorce process.