Marriage of Sarvis, In re, 82CA0071
| Decision Date | 08 November 1984 |
| Docket Number | No. 82CA0071,82CA0071 |
| Citation | 695 P.2d 772 |
| Parties | In re the MARRIAGE OF Robert W. SARVIS, Appellant, and Julie Sarvis, Appellee. . I |
| Court | Colorado Court of Appeals |
Roath & Brega, P.C., Charles F. Brega, Jack W. Berryhill, Denver, for appellant.
Robert Bugdanowitz, P.C., Robert Bugdanowitz, Denver, for appellee.
The principal issue in this dissolution of marriage action is the propriety of the trial court's order giving to the wife a condominium which was the separate property of the husband, or alternatively ordering that all property be sold, including that separate property, and the proceeds be divided. We hold that this property division order is in error and therefore reverse the judgment.
At the time of their marriage, the husband owned a condominium which was worth approximately $100,000. At the time of the dissolution it had increased in value by $35,800. The parties owned a house valued at $305,000 which had been purchased after the marriage. They also owned corporate stocks having considerable value, most of which constituted marital property.
In its order the trial court gave the husband the choice of either transferring title to the condominium to the wife and receiving an offset for the equity against the total award made to the wife, or selling both the condominium and the house and paying the wife a portion of the proceeds. The husband asserts that this was error, and we agree.
A trial court has broad discretion to effect an equitable division of marital property, In re Marriage of Faulkner, 652 P.2d 572 (Colo.1982), including ordering the sale of property and the distribution of the proceeds. In re Marriage of Weaver, 39 Colo.App. 523, 571 P.2d 307 (1977). However, § 14-10-113(1), C.R.S., requires that "the court shall set apart to each spouse his property and shall divide the marital property ...." and subparagraph (4) provides that "an asset of a spouse acquired prior to the marriage ... shall be considered as marital property ... to the extent that its present value exceeds its value at the time of the marriage...."
Consequently, we hold that the portion of the order that the husband convey the condominium to the wife is violative of the terms of the statute. See In re Marriage of Campbell, 43 Colo.App. 72, 599 P.2d 275 (1979). We also hold that the alternative given the husband to sell both the condominium and the house violates the statutory requirement that the court set aside to the husband his separate property.
Citing In re Marriage of Weaver, supra, the wife...
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... ... Pursuant to § 14-10-113(1), C.R.S. 2005, "the court shall set apart to each spouse his or her property." In re Marriage of Sarvis, 695 P.2d 772 (Colo.App.1984). Thus, the statute mandates that separate property remain separate. In re Marriage of Campbell, 43 Colo.App. 72, 599 ... ...
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