Estate of Scavello v. Scott

We granted certiorari to review the decision of the court of appeals in the matter of Scavello v. Scott, 37 Colo. App. 330, 549 P.2d 1337 (1976). We reverse and remand with directions.

The petitioner, Marcella Scavello, and Donald A. Scavello were married in 1965 and separated in 1971. On the day that the separation occurred, Donald Scavello withdrew $42,500 from two joint savings accounts which he maintained with his wife. The proceeds constituted the bulk of the couple’s assets and were traceable to the couple’s sale of their marital home. Shortly after the separation occurred, a divorce…