Who Really Owns the House? Understanding Marital Property vs. Title in Colorado

When it comes to dividing property in a divorce or planning an estate in Northern Colorado, one of the most common misconceptions we hear is: “But the house is in my name—so it’s mine, right?” Not so fast.

Under Colorado law, especially here in Greeley and throughout Weld and Larimer Counties, how an asset is titled does not determine whether it is considered marital property. Instead, the key question is: When and how was the property acquired?

What Counts as Marital Property?

In Colorado, any property acquired during the marriage is typically considered marital property, regardless of whose name is on the deed, account, or title. That means even if only one spouse’s name appears on the house deed or bank account, it could still be subject to division in a divorce.

What Counts as Separate Property?

By contrast, certain assets are considered separate property and are not subject to division, including:

• Assets owned before the marriage (but watch out: growth in value is still marital)

• Inheritances received by one spouse

• Gifts made to one spouse individually

However, this is where things get tricky: if separate property is commingled with marital property,or retitled jointly, it can lose its separate status.

Commingling and “Gifting” to the Marriage

Let’s say one spouse had a house before marriage, but after marrying, adds the other spouse to thedeed or uses joint funds to pay the mortgage. That’s called commingling, and it may convert all orpart of that house into marital property.

Even more clearly, if the property is retitled into joint names during the marriage, Colorado courtsoften view that as a gift to the marriage, unless there’s a valid marital agreement that saysotherwise.

Why This Matters for Divorce and Estate Planning in Greeley

Whether you’re planning for the future with a trust or going through a divorce, understanding how Colorado defines marital versus separate property is essential. It’s especially important in family businesses, farming operations, or cases involving inherited land or assets, which are common in Weld County and the Greeley area.

Need help protecting your separate property or planning for a fair distribution? At Gant Law, LLC, we guide individuals and families in Greeley and across Northern Colorado through estate planning, prenuptial agreements, and property division during divorce. Contact us today to schedule a consultation.