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Protecting Your Real Estate Assets During a Divorce in Colorado

Protecting Your Real Estate Assets During a Divorce in Colorado

Bob The Broker
Bob Friel
Published on August 17, 2023

Protecting Your Real Estate Assets During a Divorce in Colorado

Divorce is never easy, especially when it involves real estate assets. As someone who has gone through a divorce myself, I understand how overwhelming and emotionally challenging this process can be.

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Please take a couple of minutes to watch the video then proceed to the rest of the article.  It will be worth your time.

That's why, in this blog post, I want to share with you some crucial steps you need to take for protecting assets during divorce in Colorado. Real estate agents and mortgage lenders can also play a vital role in helping you make important decisions by explaining how to safeguard real estate assets during separation.

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Gather Documents:

The most important step in protecting your real estate assets during a divorce is to gather all the relevant documentation and information. This includes property deeds, mortgage agreements, purchase contracts, and any financial records associated with the properties. Once you have all the necessary documentation, it's essential to ensure that it is accurately and fairly accounted for during the property division process.

Real Estate Agent:

Engaging a real estate agent who is familiar with divorce cases can be immensely beneficial during this time. In the past, what I've done is meet with each party individually, then together, as we discussed the marital property. The reason for this is that each party can express their concerns and ultimately determine where they see their life going after the dissolution of their marriage. A good real estate agent can help you navigate the complexities of property division and explain how to protect your money during divorce.

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Important Note:

One thing to keep in mind is that real estate assets acquired before the marriage are usually considered separate property and may not be subject to division. However, if they have been substantially improved or appreciated in value during the marriage, the portion of appreciation or improvement may be subject to division.

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This is where it becomes important to have a skilled and knowledgeable real estate agent who understands the laws of Colorado and can help you navigate through the complicated process.

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Mortgage Coaching and Guidance:

Another critical factor to consider is the mortgage on your property. If there is a mortgage on the property, you will need to determine how it will be paid and who will be responsible for it after the divorce. Your real estate agent and mortgage lender can help you make informed decisions based on your individual circumstances.

Tough Decisions:

When it comes to divorce, property division can be one of the most contentious issues. However, pursuing mediation or settlement discussions with your spouse can lead to a more amicable and less costly resolution. As a mortgage advisor, I provide insight into refinancing options and can help ensure the court fully understands your real estate assets value and your interests in the property.

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No Agreement:

If a mutual settlement cannot be reached, the court will decide on the division of property based on equitable distribution. To make this process easier, it's important to provide all necessary documentation and cooperate with your attorney and real estate agent. Divorce is a challenging and emotional experience, and protecting your real estate assets is a crucial part of this process. By gathering all the necessary documentation, engaging the right professionals, and remaining informed, you can ensure that your real estate assets are protected during a divorce in Colorado.

Remember, it's essential to work with an experienced real estate agent and mortgage lender who can help you make informed decisions during this time. With the right help and guidance, you can come out of a divorce with your real estate assets intact and ready to move forward in the next chapter of your life.

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