Description:

Boulder, Colorado divorce lawyers represented man and woman.


In this dissolution of marriage case, husband challenges the district court's allocation of property and award of maintenance. A division of the court of appeals concludes that the district court erred when it classified a portion of a jointly titled asset as wife's separate property and designated a portion of a debt acquired during the marriage as husband's separate debt. With respect to the jointly titled asset, the division concludes that although wife presented evidence tracing a portion of the jointly titled asset back to her separate premarital property, she failed to present any evidence beyond tracing that the parties intended for any portion of the jointly titled asset to remain her separate property. Based on this, the division concludes that wife failed to overcome, by clear and convincing evidence, the presumption that the jointly titled property is marital property.

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Outcome:
¶ 38 The district court erred by determining that wife had a separate property interest in the proceeds from the Onyx Circle home sale and that $63,077 of the line of credit debt was husband's separate debt, not marital debt. Therefore, the property division portion of the permanent orders is reversed, and the case is remanded to the district court for reconsideration of that issue and
of maintenance based on the revised property division and the parties' then-current physical and economic circumstances.

In re Marriage of Capparelli, 2024 COA 103, 23CA1114 (Colo. App. Sep 19, 2024)

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Defendant's Experts:

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