In re Marriage of BlaineAnnotate this Case
In this marriage dissolution case, the issue presented was whether a spouse’s conveyance of his interest in a home through an interspousal transfer deed (“ITD”) automatically overcame the presumption of marital property in the Uniform Dissolution of Marriage Act, (“UDMA”), provided that there was proof that the conveying spouse intended to exclude the property from the marital estate. "[A] party may overcome the marital property presumption in the UDMA only through the four statutory exceptions set forth in section 14-10-113(2) [C.R.S. (2020)]." Because the court of appeals improperly created a new exception to the presumption, the Colorado Supreme Court reversed its judgment and remanded for further proceedings.