How to Protect Inheritance in a Divorce in Colorado


Divorce is an emotionally and financially challenging time for anyone. One concern you may have, however, is how to protect your inheritance during divorce under Colorado law. Whether you inherit property or money, make sure it stays with you after the divorce.

Determine the date you received your inheritance or inheritances. Any inheritance that was received after you were separated is automatically considered your personal property and your estranged spouse cannot lay a claim to it.

Ensure that the gift was directed specifically at you and not you and your spouse. If there was no will and the inheritance occurred naturally under Colorado inheritance laws, then the inheritance is deemed made just to you and not to you and your spouse. Any gift or inheritance made to only one spouse, even if made during the course of the marriage, is considered separate property under Colorado Statutes Article 10 Section 14-20-113. This means your spouse cannot lay claim to any part of it.

Demonstrate to the court, using the evidence obtained in previous steps, that your inheritance is in fact your inheritance, and as separate property it cannot be awarded to your spouse in whole or part.

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