{"id":371990,"date":"2016-03-31T21:34:37","date_gmt":"2016-04-01T02:34:37","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/colorado-law\/colorado-marital-property-laws.html"},"modified":"2023-01-10T17:16:10","modified_gmt":"2023-01-10T22:16:10","slug":"colorado-marital-property-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/colorado-law\/colorado-marital-property-laws.html","title":{"rendered":"Colorado Marital Property Laws"},"content":{"rendered":"\n
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Colorado Marital Property Laws<\/h1>\n
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\n By FindLaw Staff<\/a> | Legally reviewed by Nicole Prebeck, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

. Marital property is generally those things that were bought or received during a marriage. Marital property doesn’t include things that are owned individually by each spouse, such as property owned before marriage, gifts, or inheritance to that individual spouse, property excluded by a legal agreement, or property acquired after legal separation. Those items are called \u201cseparate property<\/a>."<\/p>\r\n

Colorado is an \u201cequitable distribution<\/a>" state rather than a \u201ccommunity property<\/a>" state. That means marital property isn’t automatically assumed to be owned by both parties and therefore should be divided equally upon divorce. Instead, when a couple divorces in Colorado, the marital property is divided in an \u201cequitable" manner.<\/p>\r\n

This article provides a brief overview of Colorado marital property laws.<\/p>\r\n

Colorado Marital Property Laws: At a Glance<\/h2>\r\n

The following table outlines some main aspects of Colorado’s marital property laws<\/a>.<\/p>\r\n\r\n
Code Sections<\/td>\r\n\u00a7 14-10-113 et seq.<\/a> of the Colorado Revised Statutes<\/td>\r\n<\/tr>
Community Property<\/td>\r\nColorado doesn’t recognize community property, as it’s a separate property state. However, the Uniform Disposition of Community Property Rights at Death Act<\/a> (UDCPRDA) was adopted by Colorado legislators in 1973. The Colorado UCDPRDA law provides that when one married person dies, half of the marital property goes to the surviving spouse. The other half belongs to the deceased person and will be distributed according to their will or the Colorado intestate succession<\/a> laws. The surviving spouse will also receive a portion of this marital property as the main beneficiary of their will. If the deceased spouse disinherited their spouse in the will, the surviving spouse can take an \u201celective share<\/a>" of the estate. Common law marriages are recognized in Colorado and common law spouses can inherit<\/a> from their deceased spouses.<\/td>\r\n<\/tr>
Dower and Curtesy<\/td>\r\nDower and curtesy have been abolished<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.<\/i><\/p>\r\n

Research the Law<\/h2>\r\n