In Re the Marriage Of: Rainer Schelp, Petitioner and Catherine Schelp, Respondent. in Re the Marriage Of: Michael J…

Summary

The court held that C.R.C.P. 16.2(e)(10) does not authorize trial courts to reopen or modify property divisions based on disclosures made in dissolution cases filed before January 1, 2005. Although the new rule generally governs post-decree motions filed after that date, its five-year retention provision applies only to disclosures made under the new rule. The court therefore reversed the three court of appeals opinions and remanded with directions to return the cases to the trial courts for proceedings consistent with the opinion.