How Colorado Courts Handle Hidden Assets in Divorce Property Division

Property division is often one of the most contentious aspects of divorce. When a spouse attempts to hide assets, it can result in unfair outcomes.

At The Law Office of Andrew Bryant, our experienced Greenwood Village family attorney guides clients through these situations, ensuring their rights are protected and concealed assets are uncovered. Understanding how Colorado courts handle hidden assets allows us to develop strategies that safeguard your interests during divorce proceedings.

Understanding Equitable Distribution in Colorado Divorce Cases

Colorado follows an equitable distribution model under C.R.S. § 14-10-113, meaning marital property is divided fairly, not always equally, based on factors like marriage length, each spouse’s finances, and contributions.

Generally, all property acquired during marriage is marital, while separate property—owned before marriage or received as a gift or inheritance—remains with the original owner unless commingled.

This system only works if both spouses fully disclose assets and debts. At The Law Office of Andrew Bryant, we help clients ensure complete financial disclosure and investigate suspected hidden assets to protect their interests. Working closely with a Greenwood Village family lawyer ensures no property goes unnoticed.

Common Tactics Spouses Use to Hide Assets During Divorce

Spouses may attempt to hide assets through various strategies:

  • Transferring Assets: Moving property into someone else’s name, “loaning” money to friends or family, or giving valuables to a third party.
  • Business Tactics: Deferring bonuses, paying fake salaries, or leaving rental properties vacant to underreport income.
  • Understating Value or Creating False Debt: Hiding jewelry, art, or collectibles, underreporting values, or overstating expenses.
  • Using Digital Assets: Cryptocurrency can obscure financial activity, but blockchain analysis and financial records often reveal transactions.

Recognizing these tactics early allows us to act promptly and protect your interests with the guidance of a Greenwood Village family attorney.

How Colorado Courts Uncover Hidden Assets in Divorce Proceedings

Greenwood Village CO Divorce Lawyer

Courts have significant tools to ensure all marital property is disclosed. Understanding how Colorado uncovers hidden assets can help you work with your attorney to protect your financial interests throughout divorce proceedings.

Formal Discovery Tools

Courts allow interrogatories, requests for documents, and depositions under oath. These compel your spouse to provide bank statements, tax returns, and business records. Attorneys can also issue subpoenas to third parties like banks or employers to obtain additional financial information.

Forensic Accountants

These specialists analyze financial records to detect inconsistencies, unexplained money flows, and irregular transactions. They can trace income, identify hidden accounts, and calculate whether your spouse’s reported income aligns with lifestyle and spending patterns, providing critical evidence for equitable division.

Public Records Searches

Attorneys can search property records, vehicle registrations, and other public databases. These searches may uncover previously undisclosed real estate, vehicles, or business interests, ensuring the court has a complete picture of marital assets before making property division decisions.

Consequences When a Spouse Hides Assets in Colorado Divorce

Colorado courts impose serious consequences on spouses who hide assets:

  • Unfavorable Property Division: The court may award the hidden asset or a larger share of marital property to the innocent spouse.
  • Contempt of Court: Judges may impose fines or jail time for violating financial disclosure rules under Colorado Rules of Civil Procedure 16.2.
  • Payment of Fees: The dishonest spouse can be ordered to pay the other spouse’s attorney fees and costs in uncovering the concealment.
  • Reopening the Case: A five-year “lookback” allows discovery of hidden assets after divorce, with a petition to reallocate property.
  • Criminal Charges: In serious cases, hiding assets can lead to perjury or fraud charges.

Hiding assets also damages credibility, potentially affecting custody, support, and other contested issues.

Steps You Can Take If You Suspect Hidden Assets in Divorce

Acting quickly when you suspect concealed assets is essential to protect your rights.

  • Collect tax returns, bank statements, and financial records to spot discrepancies and hidden assets.
  • Watch for unusual withdrawals, transfers, or spending that doesn’t match reported income.
  • Use interrogatories, document requests, and depositions to compel full financial disclosure.
  • Hire forensic accountants or investigators to uncover hidden assets in complex cases like businesses or cryptocurrency.

Taking these proactive steps early ensures you are prepared and positions you to achieve fair distribution of marital assets.

Contact Greenwood Village Family Lawyer Today

Protecting your property rights during divorce requires vigilance, especially if you suspect hidden assets. At The Law Office of Andrew Bryant, our experienced Greenwood Village, CO family lawyers uncover concealed property, enforce disclosure requirements, and ensure equitable distribution.

If you are facing divorce and are concerned about hidden assets, contact us online or call (719) 634-7353 today. Acting early allows us to safeguard your financial interests and achieve the best possible outcome for your case.