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Prevented Wife’s Trust Fund Grab

Nov 9, 2021
1’ read
Family Law
Daniel ChandlerPartner & Director of Operations | 5 years of experience
Daniel Chandler
Daniel Chandler
Daniel ChandlerPartner & Director of Operations 5 years of experience

What started as a seemingly straightforward divorce for our client suddenly took a more perilous legal detour. The man’s estranged wife tried to claim a portion of his substantial family inheritance. Though they’d been married for less than three years, she sought a stake in his family trust fund. This legacy represented both financial security and deep family ties.

The man called our Family Law Team and they swiftly intervened, focusing on two key points: 

1.    The marriage was brief, lasting less than three years, and

2.    Inherited assets are considered separate property in Colorado, unless commingled with marital holdings, or have increased in value due to contributions by the non-inheriting spouse.

Our team demonstrated that neither exception to the second point applied. We further argued that dividing the inheritance was unjust, given the brevity of their marital union. Our negotiations yielded a settlement preserving our client's full trust interest and ownership of the marital home. We also made clear that, statutorily, the wife was not owed spousal maintenance as the marriage failed to last three years.