Section 15-20-107 - Other remedies available at death

(1) Upon the death of a community property spouse, the surviving community property spouse or a personal representative, heir, or nonprobate transferee of the decedent may assert a right based on an act of: (a) The surviving community spouse or decedent during the marriage or other relationship under which community property then could be acquired; or(b) The decedent that takes effect at the death of the decedent.(2) In determining a right pursuant to subsection (1)(a) of this section, and a corresponding remedy, the court: (a) Shall apply equitable principles; and(b) May consider the community property law of the jurisdiction where the decedent or surviving community property spouse was domiciled when property was acquired or enhanced.Amended by 2023 Ch. 30, § 1, eff. 7/1/2023.L. 73: p. 1655, § 1. C.R.S. 1963: § 153-22-6.