Colorado Prenuptial Property Agreement
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FAQ
Prior to Marriage. Any property you owned before getting married is considered separate property. If you own a vehicle prior to marriage and it remains in your name, that vehicle would be considered separate property. The same is true of homes, businesses, or other assets.
Property purchased during the marriage is marital property regardless of who's name the property is titled in. Title does not control in Colorado domestic relations court; timing does.
In Colorado, couples have the legal right to enter into contracts before their marriage (?prenuptial? or ?premarital?) or during the marriage (?post-marital? or ?post-nuptial?) that discuss property rights and other important issues.
Colorado is not a community property state in a divorce. Colorado is an equitable distribution state, which means property will be divided by the court in a manner that is deemed fair to both parties, but not necessarily equal, if spouses cannot come to a resolution on their own.
Colorado is not a community property state, meaning that in a divorce, the partner that earned the property may have the ability to keep that property. If both spouses worked and financially contributed to the house, it would be considered shared marital property and should be divided equitably.
If we divorce, will my spouse be entitled to half of my house? No, Colorado is not a ?community property? state, rather, it is a ?equitable division? state which means that property is divided ing to what the Court believes is fair, but may not necessarily be equal.
Any property you owned before getting married is considered separate property. If you own a vehicle prior to marriage and it remains in your name, that vehicle would be considered separate property.
In Colorado, the law allows spouses to sign the prenuptial agreement without legal representation, but the contract must include a waiver, and judges may take the lack of an attorney consultation into account when deciding whether the agreement is valid or unconscionable.
