Colorado Dissolution With a House — Your Options (2026)

Real estate is typically the largest asset in a Colorado dissolution. Handling it correctly requires clear terms in the Separation Agreement (JDF 1115) and a deed recorded at the county Clerk and Recorder's office.

Is Your Home Marital Property?

Yes, if purchased during the marriage — regardless of which spouse's name is on the deed or mortgage. Colorado marital property includes all assets acquired during the marriage.

Separate property exceptions:

  • Owned by one spouse before the marriage and never refinanced with marital funds
  • Purchased entirely with gift or inheritance funds kept completely separate

If any marital income was used for mortgage payments or improvements, there may be a marital interest even in a pre-marital home.

Three Options

Option 1 — One Spouse Keeps the Home

Separation Agreement (JDF 1115) must include:

  • Full address and legal description of the property
  • Agreed value (appraisal, average of two estimates, or agreed figure)
  • Equity calculation: Agreed value – mortgage balance = total equity
  • Leaving spouse's buyout: agreed share of equity
  • How the buyout is paid (cash, property offset, deferred)
  • Refinancing deadline (typically 60–90 days after Decree)
  • What happens if refinancing fails: property listed for sale
  • Who pays mortgage, taxes, insurance, and HOA during the transition
  • Deed transfer: after refinancing, leaving spouse signs Quitclaim Deed → record at county Clerk and Recorder

Option 2 — Sell and Divide Proceeds

Separation Agreement must include:

  • Agreed percentage split (50/50 is typical starting point; agreed variation acceptable)
  • Listing deadline after Decree
  • How listing agent and price are determined
  • Who occupies until sale and whether occupancy compensation applies
  • Who pays carrying costs during listing
  • Price reduction trigger and timeline
  • What happens if one spouse refuses to sign closing documents

Option 3 — Deferred Sale

One spouse (typically the custodial parent) stays for a set period.

Separation Agreement must address:

  • Who stays and for how long (specific date or triggering event)
  • Who pays all housing costs; default consequences
  • Occupancy compensation to non-occupying spouse
  • Repair decision-making and cost allocation for large repairs
  • Sale terms and proceeds split at the end

Deed Recording at the County Clerk and Recorder

Colorado counties use the county Clerk and Recorder's office — not the District Court.

After the Decree and refinancing:

  1. Prepare a Quitclaim Deed (leaving spouse transfers interest to keeping spouse)
  2. Leaving spouse signs and notarizes
  3. Record at the county Clerk and Recorder in the county where the property is located
  4. Confirm recording fee (~$13–$30 per document)

Last reviewed: March 2026 | Deed recording: county Clerk and Recorder | CRS §14-10-113 for property division

Last reviewed: March 2026 · Verify current fees and forms with your local court before filing.