Fill and Sign the With an Attorney of Their Choice Licensed to Practice Law in Form

- 1 - POSTNUPTIAL AGREEMENT READ BEFORE SIGNING: IMPORTANT NOTICE: EACH PARTY TO THIS AGREEMENT AGREES THAT THEY HAVE HAD AN OPPORTUNITY TO CONSULT WITH AN ATTORNEY OF THEIR CHOICE LICENSED TO PRACTICE LAW IN THEIR STATE OF RESIDENCE (NOT THE SAME ATTORNEY) AND THAT THEY HAVE FULLY READ, UNDERSTAND AND AGREE TO THE TERMS OF THIS AGREEMENT. EACH PARTY FURTHER AGREES THAT THEY ARE NOT ACTING UNDER DURESS OR UNDUE INFLUENCE IN EXECUTING THIS AGREEMENT AND THAT EXECUTION OF SAME IS DONE FREELY AND VOLUNTARILY. THIS AGREEMENT, made this ____ day of ________________, 2_ ___, between ___________________________ (Name), of ______________________________ (Address), _____________ (State) ("first party or Wife"), and _____________________ (Name), of ____________________________ (Address), _____________ (State) ("second party or Husband"), W I T N E S S E T H WHEREAS, Wife and Husband are now married, having been married on the _ day of _______ , 2 , in _______ County, _________ ; WHEREAS, the parties now desire to enter into this agreement to clarify and establish their respective and collective rights, titles and interests in the separate and joint property of the parties, in the event of divorce, death or other circumstances that would serve to terminate their marriage, but without the present intent of either party to obtain a divorce or a legal separation; and WHEREAS, by execution of this agreement, the parties warrant and represent that they have fully disclosed their financial status, including all assets, liabilities, and income, as listed in the financial statement disclosures, attached as Exhibits A and B; and WHEREAS, the parties agree that this agreement is to be effective upon execution in accordance with the applicable laws of the State of Colorado; and NOW, THEREFORE, in consideration of the mutual promises, covenants, warranties and other benefits and advantages accruing to each party, the parties agree as set forth above and below as follows: SECTION 1 SEPARATE PROPERTY Each of the parties shall retain full control of his or her own separate property
If a party dies, or a court decrees, or any property is otherwise alienated and placed under the possession of any person other than the party in whose name it was originally held, each party, in the sole reasonable judgment of such party or of the court or the guardian, shall be entitled to a judgment for possession of the property that the other party has abandoned, as provided in this section. If each party should fail to comply with this section, the court or the guardian, as appropriate, may enter such order as it may feel best to effectuate such property rights. Notwithstanding this section, neither party shall be entitled to possession of any real property until after the other has become entitled thereto either by a divorce decree, order of a court of law or in a property settlement agreement. Section 2 each of the parties shall be entitled (a) to title for the separate property, equal in value to such value as was owned by or under the joint, or legal, control of such parties immediately prior to the date of such separation; and (b) at the option of either party, to an order for the sale of the separate property, in which case each party shall be entitled to receive from the purchaser, after all expenses are paid, such amount as is fair for the difference between such separate property and the value at such time of the property that one party was, immediately prior to separation, entitled to receive by right of marriage to the property held by the other party under the joint, or legal, control of such other party. Title for title, equal in value to such value as was owned by or under the joint, or legal, control of such parties immediately prior to the date of such separation; and (c) at the option of either party, to an order for the constructive sale of the separate property, in which case each party shall be entitled to receive from the purchaser a lump sum of the sale proceeds, not exceeding twice the least of (i) the present value of such separate property; or (ii) the amount of the mortgage, as recorded under the deeds of trust on the separate property. The courts shall provide equitable relief, at the parties' request, upon entry of an order of either buyer or seller under this section. Title for title, equal in value to such value as was owned by or under the joint, or legal, control of such parties immediately prior to the date of such separation; and (d) after settlement, title to such separate property shall remain vested in the party entitled to title at the.