Can you protect the appreciation of separate property from joining the marital estate?
January 20, 2012
Categories: Saving Your Marriage | Author: Harris Law Firm
Can you protect the appreciation of separate property from joining the marital estate?
Yes.
Pursuant to C.R.S. § 14-10-113, the marital appreciation of separate property will normally become part of the marital estate. However, pursuant to C.R.S. § 14-2-304, “parties may contract with respect to disposition of property upon separation of the parties.” The bottom line is that if you form a valid marital agreement then you can protect the appreciation of your separate property from joining the marital estate, and you will not have to divide it with your ex-spouse.
C.R.S. § 14-10-113 - Disposition of property
14-10-113 (4) Subject to the provisions of subsection (7) of this section, an asset of a spouse acquired prior to the marriage or in accordance with subsection (2) (a) or (2) (b) of this section shall be considered as marital property, for purposes of this article only, to the extent that its present value exceeds its value at the time of the marriage or at the time of acquisition if acquired after the marriage.
C.R.S. § 14-2-304 - Colorado Marital Agreement Act
14-2-304 (1) Parties may contract with respect to:
(c) The disposition of property upon separation of the parties, dissolution of the marriage, death of either party, or the occurrence or nonoccurrence of any other event.
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