In a system of marital property ownership known as community property, assets acquired during the marriage are generally considered equally owned by both spouses. Colorado, however, is not a community property state. It follows a separate property system, where each spouse retains individual ownership of assets acquired during the marriage, unless specifically titled or treated otherwise. For example, if one spouse buys a car with their earnings during the marriage, it is generally considered their separate property in Colorado.
Understanding the distinction between community property and separate property systems is crucial for couples residing in or moving to Colorado. The legal framework governing property division upon divorce, separation, or death significantly differs between these systems. In separate property states like Colorado, equitable distribution laws govern the division of marital property, focusing on a fair, though not necessarily equal, distribution. This framework recognizes that contributions to a marriage can take various forms, beyond direct financial acquisition of assets.
