Marital vs. Separate Property in Colorado
In Colorado, property acquired during the marriage is presumed marital. Gifts, inheritances, property exchanged for them and premarital property stay separate, but any increase in their value over the value at the marriage or acquisition is treated as marital property.
The statutory definition
Under C.R.S. 14-10-113(2), marital property means all property acquired by either spouse after the marriage, except property acquired by gift, bequest, devise or descent; property acquired in exchange for property acquired before the marriage or by gift, bequest, devise or descent; property acquired by a spouse after a decree of legal separation; and property excluded by valid agreement of the parties.
The presumption
All property acquired by either spouse after the marriage and before a decree of legal separation is presumed to be marital property, regardless of whether title is held individually or in joint tenancy, tenancy in common, tenancy by the entirety or community property. The presumption is overcome by showing that the property was acquired by one of the methods in the exclusions (Section (3)).
The increase in value rule
An asset acquired before the marriage, or by gift, bequest, devise or descent, or in exchange for such property, is considered marital property 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 (Section (4)). In the calculator, enter the value at marriage and now, and the increase is added to the marital property.
Examples
These illustrate the statute’s wording. Wages earned during the marriage are marital. A house owned before the wedding stays separate, but the amount by which its value has grown since the marriage is marital. An inheritance stays separate, and so does the money you receive for it, but its growth is marital. Property bought with separate funds is acquired in exchange for separate property and is treated the same way.
Agreements
Property can also be excluded by a valid agreement of the parties, such as a premarital or marital agreement. Check the written terms before assuming an asset is marital.
Tracing and valuing separate property
Keep an appraisal or statement from the date of the marriage or acquisition and a current one. The difference is the marital increase, so a documented starting value protects the separate portion. Commingled accounts make tracing harder.
Documents to gather
Keep statements from before the wedding, deeds and closing documents with dates, appraisals at the marriage and now, records of gifts and inheritances, and statements that trace money between accounts. Because only the increase is marital, a record of the starting value is the key document. See the family home and buyouts for how the home is treated.
Frequently asked questions
What is marital property in Colorado?
All property acquired by either spouse after the marriage and before a decree of legal separation, except gifts, bequests, devises and descent, property exchanged for premarital or gifted property, and property excluded by agreement.
Is the growth in value of a premarital asset marital property in Colorado?
Yes, to the extent its present value exceeds its value at the marriage or acquisition.
Is property in one spouse’s name still marital in Colorado?
It can be. Property acquired during the marriage is presumed marital regardless of how title is held, unless it was acquired by a method in the exclusions.
Can a premarital agreement exclude property in Colorado?
Yes. Property excluded by valid agreement of the parties is not marital property.
When does property stop being marital in Colorado?
Property acquired after a decree of legal separation is not marital property.
Official sources
A local family law attorney can review your situation — many offer a free consultation.
This is general information, not legal advice. It is based on the cited Colorado statutes, rules and court opinions, and every case turns on its own facts. Confirm how the law applies to your situation with a licensed Colorado attorney.