May 22, 2018

Colorado Court of Appeals: District Court Had Jurisdiction to Consider Wife’s Motion Filed One Day Before Expiration of Jurisdictional Period

The Colorado Court of Appeals issued its opinion in In re Marriage of Runge on Thursday, February 22, 2018.

Dissolution of Marriage—Post-Decree—C.R.C.P. 16.2(e)(10)—Subject Matter Jurisdiction—Disclosures.

In this post-dissolution of marriage dispute, wife moved under C.R.C.P. 16.2(e)(10) to discover and allocate assets that she alleged husband did not disclose or misrepresented in the proceedings surrounding their 2011 separation agreement. Husband moved to dismiss wife’s motion and the district court granted the dismissal.

As an initial matter, husband contended that the district court lacked subject matter jurisdiction under C.R.C.P. 16.2(e)(10) because the five-year period during which it may reallocate assets expired the day after wife moved for such relief. C.R.C.P. 16.2(e)(10) does not limit the court’s jurisdiction to rule on timely motions if the five-year period expires before the ruling. Therefore, the district court had jurisdiction to rule on the motion because wife’s motion was timely filed within the five-year period under the rule.

On appeal, wife contended that the district court erred by not applying the “plausibility” standard announced in Warne v. Hall, 2016 CO 50, when granting husband’s motion to dismiss. The Warne “plausibility” standard does not apply here because wife’s motion was not a pleading and husband’s motion to dismiss was not pursuant to C.R.C.P. 12(b)(5).

Wife also contended that the district court erred by ruling that she did not state sufficient grounds in her motion and that the court should have allowed her to conduct discovery to prove her allegations. Wife did not allege that husband failed to disclose specific items mandated under C.R.C.P. 16.2(e)(10) and husband certified that he provided all such items. Instead, wife asserted suspicions and speculations that husband likely failed to disclose and misrepresented assets. In light of the information about husband’s assets that wife had pre-decree, and her choice to enter into a separation agreement rather than to evaluate this information, wife’s motion did not state sufficient grounds to trigger an allocation of misstated or omitted assets. Further, C.R.C.P. 16.2(e)(10) was not intended to create a right for an ex-spouse to conduct discovery into the other spouse’s assets post-decree.

The order was affirmed.

Summary provided courtesy of Colorado Lawyer.