Property Division: There’s Usually No Way to Change It Later

13Two of the major issues that get decided in any divorce case are: (1) Property Division, and (2) Allocation of Parental Responsibilities.  The issues are very separate and distinct.  The “finality” of both of the issues are treated very differently as well: While parental responsibilities (parenting time, decision making, et cetera) are always able to be changed later, the division of property is usually a done deal when the divorce is decreed, and it is difficult if not impossible to change.

Colorado Revised Statutes section 14-10-122 specifically provides that property divisions generally cannot be modified even if there is a change in circumstances.  While there are certain exceptions that can justify a the reopening of a case, the party attempting to reopen the case is the one who bears the burden of proving that such an exception exists.  See C.R.C.P. 16.2 and 60 for further details on the limitations of these exceptions.

The point of this post is, when you are considering agreeing to the terms of your divorce, you don’t get any second chances when it comes to property division.  As soon as you sign a separation agreement that sets forth the terms of the division of your family’s assets and debts, there may be no turning back from that agreement.  Contact a lawyer if you have to.

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