SB 23-100

Senate Bill 23-100, also known as the Uniform Community Property Disposition at Death Act, updates Colorado’s laws regarding how property acquired by spouses during their marriage is divided after one spouse passes away. It assumes that any property bought while living in a community property state belongs jointly to both spouses unless they specifically agree otherwise. When one spouse dies, this law ensures that half of the shared property goes to the deceased and the other half to the surviving spouse. The bill was signed into law by the governor on March 23, 2023, and will take effect on July 1, 2023.

Official Summary

The act repeals and reenacts the "Uniform Community Property Disposition at Death Act." The act applies to community property acquired by spouses while domiciled in a community property jurisdiction and makes clear that if the spouses partition or reclassify their community property or waive rights under the act, the act no longer applies to that property. The act creates a rebuttable presumption that all property acquired by spouses when domiciled in a jurisdiction where community property could be acquired is presumed to be community property. The act provides that upon the death of one community property spouse, half of the property the spouses purchased together belongs to the decedent and the other half to the surviving community property spouse. The act allows a court to recognize reimbursement rights and rights of redress in response to certain bad faith actions by one community property spouse that might impair the rights of the other community property spouse. APPROVED by Governor March 23, 2023 EFFECTIVE July 1, 2023 (Note: This summary applies to this bill as enacted.)

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