In Colorado, Courts will divide and transfer marital property between spouses equitably in a divorce proceeding, see /blog/2016/10/marital-property-division-in-colorado.shtml. Prior to the mid-1980's, Colorado along with many states applied the title rule, which was that whomever had title to property would receive that property upon a separation. As a result, trust assets were generally not included in the division of marital property. In the interest of avoiding unfair property distributions, Colorado has expanded the pool of assets Courts must divide to include all assets, regardless of title.
In Colorado, marital property is divided without regard to misconduct or fault. The Court does not necessarily divide property evenly, or 50/50. Colorado Courts consider "all relevant factors" in making the decision of how to divide marital property. The Courts attempt to make divisions based on what is fair for both parties.
Occasionally clients will call attorneys asking for an "annulment" rather than a divorce, particularly when the marriage is of short duration. Colorado law does not recognize the term "annulment," and it is very difficult to "undo" a marriage rather than going through the divorce process. Colorado does have a statute for obtaining a legal determination of the invalidity of the marriage. This statute, however, has very narrow grounds upon which a marriage can be determined to be invalid, the main categories are: