HB26-1189 • 2026

Uniform Community Property Disposition Death Act

The act clarifies what property, held by a community property spouse, the 'Uniform Community Property Disposition at Death Act' applies to. (Note: This summary applies to this bill as enacted.)

Housing

Enacted

This bill passed the Legislature and reached final enactment based on the latest official action.

Sponsor: Rep. C. Espenoza, Sen. M. Snyder, Rep. M. Duran, Rep. M. Lindsay, Rep. B. Marshall, Rep. M. Soper, Sen. J. Amabile, Sen. J. Carson, Sen. J. Coleman, Sen. L. Frizell, Sen. I. Jodeh, Sen. W. Lindstedt
Last action: 2026-04-13
Official status: Governor Signed
Effective date: Not listed

Plain English Breakdown

The effective date depends on when the legislature adjourns; August 12, 2026 is conditional on a May 13, 2026 adjournment.

Clarifying Property Rules for Community Spouses at Death

This law clarifies that the Uniform Community Property Disposition at Death Act applies to real estate in Colorado owned by community property spouses, even if they did not live in Colorado when they died.

What This Bill Does

Applies rules regardless of whether a person lived (was domiciled) in Colorado at the time of death.
Includes all or part of land and buildings located in Colorado that are traceable to community property.
Covers real estate acquired with community money under the laws of another state where the spouse lived when buying it.
Applies to income, rent, profits, appreciation, or other increases from this specific type of real estate.

Who It Names or Affects

Spouses who hold property as community property
Surviving spouses in Colorado cases involving out-of-state residents

Terms To Know

Community Property Spouse: A married person whose assets are shared under specific state laws.
Domiciled: The place where a person legally lives and considers home for legal purposes.

Limits and Unknowns

This law does not take effect immediately after the governor signs it.
It will start on August 12, 2026, unless voters ask to delay it with a petition within ninety days of the legislature ending its session.
If voters request a referendum, the public must vote in November 2026 for the law to pass.

Bill History

2026-04-13 Governor
Governor Signed
2026-04-02 Governor
Sent to the Governor
2026-04-01 Senate
Signed by the President of the Senate
2026-04-01 House
Signed by the Speaker of the House
2026-03-24 Senate
Senate Third Reading Passed - No Amendments
2026-03-23 Senate
Senate Second Reading Passed - No Amendments
2026-03-18 Senate
Senate Committee on Judiciary Refer Unamended - Consent Calendar to Senate Committee of the Whole
2026-03-10 Senate
Introduced In Senate - Assigned to Judiciary
2026-03-03 House
House Third Reading Passed - No Amendments
2026-03-02 House
House Second Reading Special Order - Passed - No Amendments
2026-02-25 House
House Committee on Judiciary Refer Unamended to House Committee of the Whole
2026-02-09 House
Introduced In House - Assigned to Judiciary

Official Summary Text

The act clarifies what property, held by a community property spouse, the 'Uniform Community Property Disposition at Death Act' applies to.
(Note: This summary applies to this bill as enacted.)

Current Bill Text

Read the full stored bill text

HOUSE BILL 26-1189
BY REPRESENTATIVE(S) Espenoza, Duran, Lindsay, Marshall, Soper;
also SENATOR(S) Snyder, Amabile, Carson, Frizell, Jodeh, Lindstedt,
Coleman.
CONCERNING PROPERTY HELD BY A COMMUNITY PROPERTY SPOUSE SUBJECT
TO THE "UNIFORM COMMUNITY PROPERTY DISPOSITION AT DEATH
ACT".
Be it enacted by the General Assembly of the State of Colorado:
SECTION 1. In Colorado Revised Statutes, 15-20-103, amend
(l)(a)(III); and add (l)(b) as follows:
15-20-103. Included and excluded property.
( 1) Subject to subsection (3 )(b) of this section, this act applies to the
following property of a community property spouse, without regard to how
the property is titled or held:
(a) If a decedent was domiciled in this state at the time of death:
(Ill) Personal property traceable to property described in subsection
Capital letters or bold & italic numbers indicate new material added to existing law; dashes
through words or numbers indicate deletions from existing law and such material is not part of
the act.
(l)(a)(I) or (l)(a)(II) of this section; AND
(b) REGARDLESS OF WHETHER A DECEDENT WAS DOMICILED IN THIS
STATE AT THE TIME OF DEATH:
(I) ALLORAPROPORTIONATEPARTOFEACHITEMOFREALPROPERTY
LOCATED IN THIS STATE TRACEABLE TO COMMUNITY PROPERTY OR
ACQUIRED WITH COMMUNITY PROPERTY UNDER THE LAW OF THE
JURISDICTION WHERE THE DECEDENT OR THE SURVIVING COMMUNITY
PROPERTY SPOUSE WAS DOMICILED WHEN THE PROPERTY:
(A) WAS ACQUIRED; OR
(B) AFTER ACQUISITION, BECAME COMMUNITY PROPERTY; AND
(11) INCOME, RENT, PROFIT, APPRECIATION, OR OTHER INCREASE
DERIVED FROM OR TRACEABLE TO PROPERTY DESCRIBED IN SUBSECTION
( 1 )(b )(I) OF THIS SECTION.
SECTION 2. Act subject to petition - effective date. This act
takes effect at 12:01 a.m. on the day following the expiration of the
ninety-day period after final adjournment of the general assembly (August
12, 2026, if adjournment sine die is on May 13, 2026); except that, if a
referendum petition is filed pursuant to section 1 (3) of article V of the state
constitution against this act or an item, section, or part of this act within
such period, then the act, item, section, or part will not take effect unless
PAGE 2-HOUSE BILL 26-1189
approved by the people at the general election to be held in November 2026
and, in such case, will take effect on the date of the official declaration of
the vote thereon by the governor.
Ju~
SPEAKER OF THE HOUSE
OF REPRESENTATIVES
Vanessa Reilly
CHIEF CLERK OF THE HOUSE
OF REPRESENTATIVES
James Rashad Coleman, Sr.
PRESIDENT OF
THE SENATE
Esther van Mourik
SECRETARY OF
THE SENATE
APPROVED Oh Y't"\(1hcAr.1 Ay,y,·1 \ ~~\. 2.iJU C)..~ l ll?IY"\
(Date and Time)
ATE OF COLORADO
PAGE 3-HOUSE BILL 26-1189