What Happens to the Family Home in a Divorce | Episode 65

Real Estate and the Family Home in a Colorado DivorceIn this short lesson on Divorce at Altitude, Colorado divorce attorney Ryan Kalamaya explains what typically happens to the family home and other real estate during a Colorado divorce. Using the podcast’s hypothetical clients Eric and Melanie Wolff, Ryan walks through the most common question couples ask when divorce becomes imminent: will one spouse (often the primary parent) stay in the marital residence, or will the home be sold?Ryan breaks down how Colorado courts approach the family home under C.R.S. § 14-10-113, including the court’s consideration of whether it’s desirable for children to remain in the home for a reasonable period of time. He also covers practical issues that come up in nearly every case: how real estate is valued (tax assessment, Zillow, realtor CMA, or appraisal), why refinancing is often required when one spouse keeps the property, and why commissions and hypothetical taxes usually aren’t deducted from the value if the home is not being sold. Finally, Ryan outlines the basics of selling the home during divorce—listing decisions, offer thresholds, and common disputes over repairs, mortgage payments, and tax deductions.Episode OutlineThe Wolff Story and the “Who Keeps the House?” Question Why the marital home is one of the biggest concerns for divorcing parents in Colorado.How Colorado Courts View the Family Home What the property division statute says about awarding the home to the parent with the children.Keeping the House After Divorce How value is determined and why refinancing is often part of the solution.Real Estate Valuation Methods Tax assessments, Zillow estimates, realtor CMAs, and appraisals—and why judges weigh them differently.Commissions and Taxes When the Home Isn’t Sold Why hypothetical selling costs often don’t reduce value if one spouse keeps the property.Personal Property Inside the Home Why furniture and household items can become part of the real estate conversation.Selling the Marital Residence During Divorce Listing decisions, broker selection, and how parties structure acceptance of offers.Common Sale-Related Disputes Repairs, mortgage payments, and tax deductions that can create conflict during the sale process.What is Divorce at Altitude? Ryan Kalamaya and Amy Goscha provide tips and recommendations on issues related to divorce, separation, and co-parenting in Colorado. Ryan and Amy are the founding partners of an innovative and ambitious law firm, Kalamaya | Goscha, that pushes the boundaries to discover new frontiers in family law, personal injuries, and criminal defense in Colorado. To subscribe to Divorce at Altitude, click here and select your favorite podcast player. To subscribe to Kalamaya | Goscha's YouTube channel where many of the episodes will be posted as videos, click here.  If you have additional questions or would like to speak to one of our attorneys, give us a call at 970-429-5784 or email us at [email protected].************************************************************************DISCLAIMER: THE COMMENTARY AND OPINIONS ON THIS PODCAST IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES AND NOT FOR THE PURPOSE OF PROVIDING LEGAL ADVICE. CONTACT AN ATTORNEY IN YOUR STATE OR AREA TO OBTAIN LEGAL ADVICE ON ANY OF THESE ISSUES.