Colo. Rev. Stat. » Title 38
Colorado Revised Statutes

Colo. Rev. Stat. § 38-10-112 (2026)

Void agreements

✓ current as of July 2026
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(1) Except for contracts for the sale of goods which are governed by section 4-2-201, C.R.S., and lease contracts which are governed by section 4-2.5- 201, C.R.S., in the following cases every agreement shall be void, unless such agreement or some note or memorandum thereof is in writing and subscribed by the party charged therewith: (a) Every agreement that by the terms is not to be performed within one year after the making thereof; (b) Every special promise to answer for the debt, default, or miscarriage of another person; (c) Every agreement, promise, or undertaking made upon consideration of marriage, except mutual promises to marry. (2) Repealed.

Source: R.S. p. 339, § 12. G.L. § 1262. G.S. § 1521. R.S. 08: § 2666. C.L. § 5111. CSA: C. 71, § 12. CRS 53: § 59-1-12. C.R.S. 1963: § 59-1-12. L. 69: p. 392, § 1. L. 77: (2) repealed, p. 340, § 47, effective January 1, 1978. L. 91: (1) amended, p. 321, § 5, effective July 1, 1992.

Notes of Decisions
Cited in 30 cases (3 in the last 5 years), 1975–2025 · leading case: 09 In re the Marriage of Zander, 2019 COA 149 (Colo. Ct. App. 2019).
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09 In re the Marriage of Zander, 2019 COA 149 (Colo. Ct. App. 2019). · cites it 5× “¶ 25 Under section 38-10-112(1)(c), C.R.S. 2019, an “agreement, promise, or undertaking made upon consideration of marriage, except mutual promises to marry,” are void absent a writing.”
Premier Farm Credit, PCA v. W-CATTLE, LLC, 155 P.3d 504 (Colo. Ct. App. 2006). · cites it 12× “The credit agreement statute of frauds bars actions or claims "[n]otwithstanding any statutory or case law to the contrary, including but not limited to section 38-10-112 [C.R.S.2006]." Section 38-10-124(2).”
Nelson v. Elway, 908 P.2d 102 (Colo. 1995). · cites it 10× “[4] Section 38-10-112 requires that "[e]very agreement that by the terms is not to be performed within one year after the making thereof" is void, "unless such agreement or some note or memorandum thereof is in writing and subscribed by the party charged therewith.”
Buckles Mgmt., LLC v. Investordigs, LLC, 728 F. Supp. 2d 1145 (D. Colo. 2010). · cites it 8× “See Colo.Rev.Stat. § 38-10-112. Because the terms of the alleged agreement included a note in favor of Plaintiffs payable over a five year period, and because “none of the Defendants executed any writing purporting to be a settlement agreement,” Defendants maintain that any…”
Masinton v. Dean, 659 P.2d 50 (Colo. Ct. App. 1982). · cites it 5× “argues that he cannot be held on his alleged oral promise to pay the debt because it was a special promise to answer for the debt of another and, thus, was unenforceable under § 38-10-112(l)(b), C.R.S. 1973 (1982 Repl.”
Moffat Cnty. State Bank v. Told, 800 P.2d 1320 (Colo. 1990). · cites it 3× “We disagree and hold that the Statute of Frauds does not bar proof of an oral agreement intended to constitute a novation.”
Univex Int'l, Inc. v. Orix Credit All., Inc., 902 P.2d 877 (Colo. Ct. App. 1995). · cites it 5× “Plaintiffs rely upon authority interpreting the statute of frauds as codified at § 38-10-112, C.R.S. (1982 Repl.Vol. 16). Section 38-10-124 specifically provides, that in the case of a credit agreement, it, and not § 38-10-112, controls.”
Prof'l Bull Riders, Inc. v. AutoZone, Inc., 113 P.3d 757 (Colo. 2005). · cites it 6× “§ 38-10-112, which provides, in part: (1) Except for contracts for the sale of goods .”
McCrea & Co. Auctioneers, Inc. v. Dwyer Auto Body, 799 P.2d 394 (Colo. Ct. App. 1990). · cites it 4× “Section 38-10-112(l)(a), C.R.S. (1982 Repl.”
Vinton v. Adam Aircraft Indus., Inc., 232 F.R.D. 650 (D. Colo. 2005). · cites it 2× “Colorado follows the traditional doctrine of the statute of frauds, requiring that “every agreement that by the terms is not to be performed within one year” be memorialized in writing, signed by the party to be bound.”
Berenergy Corp. v. Zab, Inc., 94 P.3d 1232 (Colo. Ct. App. 2004). · cites it 2× “See § 38-10-112, C.R.S.2003 (unless in writing, an agreement is void if it is not to be performed within one year).”
Peace v. Parascript Mgmt., Inc., 59 F. Supp. 3d 1020 (D. Colo. 2014). · cites it 2× “” Colo. Rev. Stat. § 38-10-112 (l)(a). Here, Defendants’ purported oral agreement to pay a Plaintiff a three-year guaranteed salary of $250,000 is subject to the Statute of Frauds.”
Show all 30 citing cases →
— Colo. Rev. Stat. § 38-10-112(1) — 4 cases
Chidester v. E. Gas & Fuel Assocs., 859 P.2d 222 (Colo. Ct. App. 1992).
South Carolina Ins. Co. v. Fisher, 698 P.2d 1369 (Colo. Ct. App. 1984).
Marriage of Heinzman, 579 P.2d 638 (Colo. Ct. App. 1978).
Buechner v. Rouse, 538 P.2d 117 (Colo. Ct. App. 1975).
— Colo. Rev. Stat. § 38-10-112(1)(a) — 4 cases
Nelson v. Elway, 908 P.2d 102 (Colo. 1995). “[4] Section 38-10-112 requires that "[e]very agreement that by the terms is not to be performed within one year after the making thereof" is void, "unless such agreement or some note or memorandum thereof is in writing and subscribed by the party charged therewith.”
Pickell v. Arizona Components Co., 902 P.2d 392 (Colo. Ct. App. 1995).
Parker v. Souki (D. Colo. 2025).
Johnson v. Greenfield Holdings, LLC (D. Colo. 2023).
— Colo. Rev. Stat. § 38-10-112(1)(b) — 4 cases
Moffat Cnty. State Bank v. Told, 800 P.2d 1320 (Colo. 1990). “We disagree and hold that the Statute of Frauds does not bar proof of an oral agreement intended to constitute a novation.”
Genesis Capital Ventures, LLC v. Restore With Apex, Inc., 282 F. Supp. 3d 1225 (D. Colo. 2017).
Ultegra Fin. Partners, Inc. v. Marzolf (D. Colo. 2020).
Marriage of Roberts (Colo. Ct. App. 2025).
— Colo. Rev. Stat. § 38-10-112(1)(c) — 2 cases
09 In re the Marriage of Zander, 2019 COA 149 (Colo. Ct. App. 2019). “¶ 25 Under section 38-10-112(1)(c), C.R.S. 2019, an “agreement, promise, or undertaking made upon consideration of marriage, except mutual promises to marry,” are void absent a writing.”
Mancuso v. United Bank of Pueblo, 796 P.2d 7 (Colo. Ct. App. 1990).
— Colo. Rev. Stat. § 38-10-112(l)(a) — 3 cases
Nelson v. Elway, 908 P.2d 102 (Colo. 1995). “[4] Section 38-10-112 requires that "[e]very agreement that by the terms is not to be performed within one year after the making thereof" is void, "unless such agreement or some note or memorandum thereof is in writing and subscribed by the party charged therewith.”
McCrea & Co. Auctioneers, Inc. v. Dwyer Auto Body, 799 P.2d 394 (Colo. Ct. App. 1990). “Section 38-10-112(l)(a), C.R.S. (1982 Repl.”
Prof'l Bull Riders, Inc. v. AutoZone, Inc., 113 P.3d 757 (Colo. 2005). “§ 38-10-112, which provides, in part: (1) Except for contracts for the sale of goods .”
— Colo. Rev. Stat. § 38-10-112(l)(b) — 4 cases
Masinton v. Dean, 659 P.2d 50 (Colo. Ct. App. 1982). “argues that he cannot be held on his alleged oral promise to pay the debt because it was a special promise to answer for the debt of another and, thus, was unenforceable under § 38-10-112(l)(b), C.R.S. 1973 (1982 Repl.”
Moffat Cnty. State Bank v. Told, 780 P.2d 11 (Colo. Ct. App. 1989).
World of Sleep, Inc. v. Seidenfeld, 674 P.2d 1005 (Colo. Ct. App. 1983).
Idealco, Inc. v. Gunnin, 746 P.2d 69 (Colo. Ct. App. 1987).
— Colo. Rev. Stat. § 38-10-112(l)(c) — 2 cases
In Re the Marriage of Lemoine-Hofmann, 827 P.2d 587 (Colo. Ct. App. 1992).
Mancuso v. United Bank of Pueblo, 796 P.2d 7 (Colo. Ct. App. 1990).
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