Chapter 32 - § 32.42 • PERSONAL PROPERTY CASES

• Jurisdiction: Colorado

§ 32.42 • PERSONAL PROPERTY CASES

There have been a number of cases construing such terms as "personal property," "tangible personal property," "personal and household effects," and the like. Some involve the question of what kinds of assets can be disposed of under memoranda apart from the will as authorized under C.R.S. § 15-11-513. The cases include Estate of Bennett, 789 P.2d 446 (Colo. App. 1989); Estate of Schmidt, 638 P.2d 809 (Colo. App. 1981); and Estate of Sanstead, 897 P.2d 883. See also Estate of Musso, 932 P.2d 853 (Colo. App. 1997) (§ 18.9) for a discussion of the presumption of ownership as to non-titled personal property as between husband and wife.

In 1999, C.R.S. § 15-11-805 was added. Unless otherwise specified in a title document or other writing, tangible personal property in the joint possession and control of spouses is presumed to be owned by them as joint tenants with right of survivorship. Exempted from the statute is property owned by a spouse prior to marriage or acquired by gift or inheritance during marriage; business property; and property held for another; also, property specifically disposed of by a tangible...