§ 15-11-805 — Ownership of personal property between spouses

Colorado § 15-11-805

• Jurisdiction: Colorado
• Title 15: Probate,
• Art.: Intestate Succession and Wills

Text

(1) For
purposes of this article, tangible personal property in the joint possession or control
of the decedent and his or her surviving spouse at the time of the decedent's death
is presumed to be owned by the decedent and the decedent's spouse in joint
tenancy with right of survivorship if ownership is not otherwise evidenced by a
certificate of title, bill of sale, or other writing. This presumption shall not apply to:

(a) Property acquired by either spouse before the marriage;

(b) Property acquired by either spouse by gift or inheritance during the
marriage;

(c) Property used by the decedent spouse in a trade or business in which the
surviving spouse has no interest; or

(d) Property held for another.

(e) (Deleted by amendment, L. 2002, p. 653, � 8, effective July 1, 2002.)

(2) The presumption created in this section may be overcome by a
preponderance of the evidence demonstrating that ownership was held other than
in joint tenancy with right of survivorship.

Legislative History

Source: L. 99: Entire section added, p. 466, � 4, effective July 1. L. 2002: Entire section amended, p. 653, � 8, effective July 1.