Graham.Law Blog

The Colorado Court of Appeals issued a decision recently concerning commingled assets which reminds us of the power that spouses have in marital agreements (in this case, a “prenup”, or prenuptial agreement) to deviate from the normal statutory property division in a divorce. For a complete discussion of prenuptial agreements…

Back in 2019, the Colorado Court of Appeals held that a marital agreement (prenup or postnup) was required to be in writing and signed by both parties under the Uniform Premarital and Marital Agreements Act, and reversed a trial court decision upholding an oral agreement which purported to set aside…

Back in 2019, we wrote about the Blaine case, where the Colorado Court of Appeals held that one spouse conveying property to the other using an Interspousal Transfer Deed turned that property into the other spouses’ separate property Today, the Colorado Supreme Court reversed the decision, holding that unless one…

So much for joint title killing a separate property claim! The Colorado Court of Appeals has issued a new, and somewhat surprising decision, that separate property funds which a spouse jointly-titled still remained her separate property at divorce. In Boyd, the Wife’s ex-husband from her first marriage had set up a…

Inheritance is Separate Property at Divorce While property acquired during the marriage is presumptively marital, a spouse can overcome that presumption by showing the property was “acquired by gift, bequest, devise, or descent.” (2)(a). In other words, an inheritance received by one spouse is that spouse’s separate property, unless he/she…

Marital Property Includes Separate Property Increase in Value In a Colorado dissolution of marriage, an asset owned by a spouse prior to marriage remains the property of that spouse (per (2)). But that does not increase a separate property increase in value. Only the principal amount brought into the marriage…

NOTE – On February 16, 2021, the Colorado Supreme Court reversed the Court of Appeals and found that an Interspousal Transfer Deed does not create separate property out of a presumptively marital asset without satisfying one of the four statutory criteria. See our new blog post for more details. Interspousal…

The Court of Appeals just confirmed what should have already been clear from the statute – only a written separation agreement is enforceable in Colorado. Colorado has adopted the Uniform Premarital and Marital Agreements Act, as more completely discussed in the Prenuptial & Postnuptial Agreements article in the Colorado Family Law Guide. And…