Is Colorado a community property state?

1. Dividing property at divorce

   The court sets apart each spouse's property and divides marital property in proportions it deems just, without regard to marital misconduct, after considering listed factors.^[1]

   “shall set apart to each spouse his or her property and shall divide the marital property, without regard to marital misconduct, in such proportions as the court deems just after considering all relevant factors including …”^[1]

   C.R.S. § 14-10-113(1) · checked October 26, 2026

2. Marital property

   Marital property is all property acquired by either spouse after the marriage, except listed categories; the increase in value during marriage of premarital or gifted property is also treated as marital.^[1]

   “‘marital property’ means all property acquired by either spouse subsequent to the marriage except …”^[1]

   C.R.S. § 14-10-113(2) · checked October 26, 2026

3. Separate property

   Not marital property: gifts, bequests, devises and inheritances; property exchanged for premarital or gifted property; property acquired after a decree of legal separation; and property excluded by valid agreement.^[1]

   “(a) Property acquired by gift, bequest, devise, or descent …”^[1]

   C.R.S. § 14-10-113(2)(a) · checked October 26, 2026

Not legal advice. Plain-English summaries of Colorado’s statutes as of the date shown on each, with the text quoted. Whether a particular asset is marital, community or separate depends on the facts, and courts apply the law case by case. Read the linked source or ask a lawyer licensed in Colorado.