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Colorado couples may protect assets with no prenuptial agreement

It is not always easy for one to convince one's fiancé to sign a prenuptial agreement. However, there are other ways that a person who is getting married can protect at least some of what he or she owned before the marriage in case of divorce. Although there is never a guarantee, Colorado couples can take precautions that may help if they are unable to obtain a prenuptial agreement.

First, couples should keep their money from before the marriage separate from their marital funds. Also, any inheritance should also be kept separate. That person should keep records for these accounts and be able to present them upon a divorce. Second, real estate that is owned before marriage should be kept separate. That means that one should not add a new spouse's name to any deeds for property that he or she already owned.

Funding for property that was owned before marriage should be maintained with money that was acquired before marriage. Once marital funds begin to pay for a single property owned before the marriage, that property becomes marital. People should keep their statements from retirement accounts that show the value at the time of marriage and for all the years thereafter. Some courts will allow a separation of the value at the time of marriage from what is earned during the marriage.

Also, if a person is marrying and owns a business, he or she should have the business valued at the time of marriage. If there is a divorce in the future, this may also be divided by the value before and after the marriage. In the absence of a prenuptial agreement, an experienced Colorado attorney can assist with valuations and property dissolution. 

Source: ABC News, "5 Ways to Protect Your Money Without a Prenup", Rebecca Zung, May 10, 2015

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Brandon Ceglian

Brandon Ceglian's practice focus is family law, landlord-tenant law / real estate, civil litigation, criminal / DUI, and collections. View Attorney Profile

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Adam Beckman’s areas of focus are family law, adoptions and prenuptial agreements, and criminal law/DUI. View Attorney Profile

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