Highlands Ranch, CO asked in Divorce and Family Law for Colorado

Q: Is inheritance money considered marital property if my wife transfers a portion of it each month into joint checking?

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1 Lawyer Answer
Christopher N. Little
Christopher N. Little
  • Centennial, CO
  • Licensed in Colorado

A: Good Afternoon,

You ask an excellent question and one that many a family law attorney has likely spent time arguing in Court. The best answer to your question is that this is likely a helpful fact circumstance for you. One way to think of the doctrine of transmutation or commingling is the "duck" analogy. The more it looks and feels like marital property (duck), the more likely it is going to be considered marital property. This is an incredibly fact-intensive analysis and very often requires the skill of an attorney to properly present to the Court and best advance your legal arguments. I sincerely wish you only the absolute best.


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