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44 Cook Street, Suite 100

Denver, CO 80206

Division of Assets and Home Ownership

I have not lived with my husband in 12 yrs but have not gotten a divorce. During that 12 years I bought a home which he has never lived in or paid on. Would that still be a 50-50 split of equity. Also I have a pension from the city, if my spouse remarries can he still collect on it?

In Colorado, marital property subject to division includes all property acquired up through the date of dissolution of marriage. It is irrelevant that you and your husband have been separated for 12 years. This doesn’t mean that everything gets split equally, but your husband has a claim to part of the equity in your house and your pension from the city.

The Court has to look at everything including all of your assets, debts, incomes, length of marriage, retirement accounts, and economic circumstances to determine what is fair. Colorado is an “equitable division” state, which means that the Court must do what is fair, which may not necessarily be equal.