By: Jessica A. Bryant
One common question that arises when people are contemplating a Colorado divorce, or entering into a marriage and wanting to protect themselves for the future, is how to make sure their spouse can’t get their pre-marital or other separate property items in a divorce.
Separate property takes several different forms, including:
– Property obtained by gift or inheritance (ex: trust funds, funds received from a deceased relative, real estate received by inheritance, funds provided by gift, etc.);
– Property obtained in exchange for property owned prior to the marriage or property received by gift or inheritance (ex: trading in a car you had before the marriage for a new car, using funds from the sale of a home obtained by inheritance to purchase a new home, etc.);
– Property obtained after a decree of legal separation is entered (if you go the route of seeking a legal separation instead of a divorce, once you get that decree, property you acquire is considered separate);
– Property agreed to be separate by valid agreement of the Parties (i.e., pre-nuptial or post-nuptial agreements but the statute specifies the agreement must be valid so it is advised you consult with a Colorado divorce attorney before entering into and relying on such agreements to ensure validity) Continue reading