Community Property in Colorado
State-specific overview · Family Law
Colorado is an equitable distribution state, not community property; courts divide marital property fairly but not necessarily equally.
How Colorado treats Community Property
Colorado does not recognize community property. Instead, courts apply equitable distribution principles under C.R.S. § 14-10-113, dividing marital property in a manner the court deems fair based on factors including each spouse's contribution, earning capacity, and conduct. Property acquired during marriage is presumed marital property unless one spouse proves it is separate property through gift, inheritance, or a valid prenuptial agreement. The court has broad discretion to award unequal divisions if equity requires it.
The general definition of Community Property
Property acquired during marriage that is owned equally by both spouses, regardless of who earned it.
Community property is a legal system used in certain states where most assets and income earned during a marriage belong equally to both spouses. It doesn't matter whose name is on the title or who earned the money—the law presumes it's jointly owned. When the marriage ends, community property is typically divided equally between the spouses. Separate property (owned before marriage or inherited) stays with the original owner.
Read the full Community Property entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Colorado.