*Case Study: We Helped a Client Keep Their Home During Divorce
An R&H family law client faced losing their home in their divorce. The parties were at odds about the house’s value and how much the opposing party should receive. Let’s take a look at what was at stake and how we achieved this positive result.
Past results afford no guarantee of future results; each matter is different and must be judged on its own merits. Facts are those of an actual Robinson & Henry case.
Family Law: Divorce & Asset Division
Colorado law calls for equitable division of marital assets. Because our client purchased the home prior to the marriage, the court could award part of the increased home value to the opposing party.
The opposing party claimed the value had substantially increased during the course of the short marriage. If the court agreed with that, our client would be forced to sell the house in order to pay the opposing party.
As if losing their home wasn’t worrisome enough, our client was also up against a civil protection order.
This was a challenging and contentious divorce. But our family law team’s legal shrewdness resulted in a victorious outcome for her client.
How We Approached This Case
First, we successfully had the opposing counsel’s witnesses and exhibits struck from court due to a late filing. Therefore, the opposing party was unable to present any evidence about the house’s value. This was a major blow to the opposing party’s argument.
The court found that the house’s value had not increased as much as the opposing party argued. As a result, our client gets to stay in their home. The judge also allowed our client to make payments on the amount they owe to the opposing party instead of a financially-straining lump sum.
Finally, a civil protection order will not be entered against our client. The opposing party previously tried to get a criminal protection order against our client, but a state court found there was a lack of evidence and dismissed it. The request for the civil protection order was based on the same allegations.
We argued there was no new evidence about the alleged incident, and, because the state had already found there was a lack of evidence to support a criminal protection order, a civil protection order should not be granted. The local court agreed.
Consequently, the judge ordered the opposing party to pay attorney fees for the time we spent preparing for the civil protection order portion of the case.
Keep Your Home in Divorce
Divorce is one of the top most stressful life events an individual can endure. Divorces can become contentious very fast. That’s why it’s important to have an assertive yet compassionate family law attorney in your corner. Call 303-688-0944 to begin your case assessment.
Past results afford no guarantee of future results; each matter is different and must be judged on its own merits. Facts are those of an actual Robinson & Henry case.