Marriage of Heap
23CA0920
| Colo. Ct. App. | Jul 11, 2024Background
- Robert Bradford Heap (husband) and Carol Linda Vilate (wife) married in 1999 and purchased their marital home in 2010.
- Wife contributed $285,000 from her parents (characterized as a gift) for the purchase of the marital home.
- In July 2016, the couple signed a notarized agreement stating wife would retain $285,000 as her separate property if the house was sold, and they would split the remaining equity.
- Husband petitioned for dissolution in 2020 and challenged the enforceability of the July agreement as a valid marital agreement, citing issues of duress, lack of understanding, and noncompliance with statutory waiver language.
- The district court found the agreement enforceable under Colorado law, treated $285,000 as wife’s separate property, and adopted the agreement’s terms.
- Both parties appealed the enforceability of the agreement and requests for attorney fees and costs.
Issues
| Issue | Heap's Argument | Vilate's Argument | Held |
|---|---|---|---|
| Enforceability of July 2016 Agreement | Not enforceable; lacked conspicuous waiver, was signed under duress, and after MDMA therapy | Enforceable; provided clear language on marital rights and no rights were waived | Agreement enforceable; clear plain-language explanation sufficed; $285,000 is wife’s property |
| Waiver Language Required by Statute | Required conspicuous statutory waiver, which was missing | Plain language in agreement sufficed; no additional waiver needed | Not both required; plain-language explanation in agreement was sufficient |
| Allocation of $285,000 Equity as Separate Property | Should not be wife’s separate property | Proper as her separate property per agreement | Affirmed allocation to wife as her separate property |
| Appellate Attorney Fees and Costs | Requested attorney fees; opposed fees to wife | Requested attorney fees and costs as prevailing party | Remanded to district court to determine fees and costs |
Key Cases Cited
- In re Marriage of Balanson, 25 P.3d 28 (Colo. 2001) (property placed in joint tenancy by a spouse is presumed marital property absent clear and convincing evidence otherwise)
- In re Marriage of Krejci, 2013 COA 6 (Colo. App. 2013) (property classification legal standards and deference to trial court findings)
- In re Marriage of Blaine, 2021 CO 13 (Colo. 2021) (statutory exceptions to marital property)
- In re A.M.D., 78 P.3d 741 (Colo. 2003) (distinguishing monetary inheritance from inter vivos gifts)