Legal Question in Family Law in Colorado

Re: Community Property in Colorado

Colorado is not a community property state. Rather, property is divided on an equitable basis. Any property owned by either spouse before the marriage is considered separate property, and any property acquired after the marriage is usually going to be marital property unless it can be shown to fall into an exception to marital property.

With the house, the value of the house as of the day you got married will likely be separate property. However, the increase in value of separate property during the marriage is marital property, so the increase in the value of the house since you got married would be marital property.

Marital property is not automatically split 50/50 to each party. The court will consider reasons why property should be divided on some other basis (i.e., if you two had separate finances, etc.).

Hope this helps!

Christine C. Nierenz, Esq.