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Questions Answered by Timothy Canty
1 Answer | Asked in Divorce and Real Estate Law for Colorado on
Q: My common law husband wants to kick me and my kids (not his) out of the house. The house is his. What are my rights?

I have been paying rent and utilities.

Timothy Canty
Timothy Canty
answered on Jul 13, 2018

At present you have no rights except possibly as a month to month tenant. If you are indeed married and you file for a dissolution of marriage, you may have rights to marital property and maintenance. This can be a complicated question and you should confer with a family law attorney.

1 Answer | Asked in Estate Planning and Real Estate Law for Colorado on
Q: My Dad lived & died in NJ, I live in CO, which state do I need to get an attorney?
Timothy Canty
Timothy Canty
answered on May 24, 2018

New Jersey. If he owned property in Colorado, you will need legal help here also.

1 Answer | Asked in Civil Rights, Real Estate Law and Landlord - Tenant for Colorado on
Q: My landlord wants to show the house we live in to perspective tentative but we haven’t given him an actual written or

Verbal 30 day notice. Do we have to allow him to bring strangers in our house we rent. My husband is military and hasn’t received his orders but we’re being told we will be relocating also our lease isn’t up until May 31, 2018. The only way my landlord knew we are possibly relocating is... View More

Timothy Canty
Timothy Canty
answered on Apr 24, 2018

Your lease will usually address the times that a landlord may enter for specific purposes. If not, the law gives him a reasonable time and right to show the place to new tenants. A little respect on both sides will help make this go smoother. As a last resort, a judge can decide what is... View More

1 Answer | Asked in Real Estate Law, Estate Planning and Probate for Colorado on
Q: How does the Seller clear title so they can sell me their vacant land in Colorado?

The situation is as follows:

1) Husband and Wife (A & B) are owners on a Colorado vacant land property (joint tenants)

2) A dies

3) B dies 6 months later

4) B's estate is currently going through probate in Wyoming. B did not remove A's name from the... View More

Timothy Canty
Timothy Canty
answered on Apr 16, 2018

B's son will have to open an ancillary probate in Colorado. Then he can record A's death certificate, a certified copy of the Colorado Letters and a Personal Representative deed to you. A's interest evaporates upon death and B's estate has the right to convey the estate property.

3 Answers | Asked in Business Law and Tax Law for Colorado on
Q: Are paying taxes voluntary or law?
Timothy Canty
Timothy Canty
answered on Apr 11, 2018

While our tax system is voluntary in the sense that you file a return and send in the money you owe, you will quickly find out how involuntary it is if you fail to do so. Many people have refused to file and have argued that they don't have to pay taxes. Most of them are in federal prison.

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1 Answer | Asked in Real Estate Law for Colorado on
Q: I did an owner finance and hold the deed of trust as security, the buyer has abandoned the property and quit paying

he is 3 months behind, has changed his number and I have no way to get ahold of him, I sent a letter over 30 days ago and he has not answered do I have to forclose or can I just reposse and get the title back in my name

Timothy Canty
Timothy Canty
answered on Apr 3, 2018

It sounds like this was a straight sale and the property was deeded to the buyer. If title is in the buyer's name, you will have to foreclose to get it back. If you are able to contact the buyer, you may be able to get him to sign a quitclaim deed conveying the property back to you in exchange... View More

2 Answers | Asked in Bankruptcy for Colorado on
Q: If I file for bankruptcy in Colorado, will I lose my house?
Timothy Canty
Timothy Canty
answered on Mar 30, 2018

Colorado law provides a homestead exemption of $75,000 (or $105,000 if you are over 60 or disabled). If the exemption is properly claimed in Schedule C of your bankruptcy petition, the trustee is bound by it. If you have more than that amount of equity, the trustee has the right to sell your house.... View More

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1 Answer | Asked in Real Estate Law for Colorado on
Q: I bought a condo with an ex girlfriend. We are both on the title and mortgage. She moved out after finding someone else

And hasn’t paid her part of the mortgage in over 4 or 5 months. Can I get it refinanced with out her, what are my options?

Timothy Canty
Timothy Canty
answered on Feb 7, 2018

Since she is on the title, she would have to quitclaim her interest to you. The only other option is a court order.

1 Answer | Asked in Real Estate Law for Colorado on
Q: I am selling my home here in Colorado and moving to the bay area in Texas. I paid 160000 and owe $90000. I have lived

Here 22 years and have made many improvements. I plan to buy a smaller place in Tx. The listing price is $550000. I am single and understand the first $250000 doesn't have capital gains. What about the rest of the profit?

Timothy Canty
Timothy Canty
answered on Feb 2, 2018

You must first calculate your cost basis which is the purchase price plus the cost of any improvements. Subtract that amount from the proceeds (minus costs of sale). The first $250,000.00 of profit is exempt from taxation. Anything over that is taxed at capital gains rates.

1 Answer | Asked in Bankruptcy for Colorado on
Q: On November 1, 2017, a Colorado cannabis company, Phoenix Life Sciences, declared bankruptcy and immediately reopened.

How can the new company, Panacea Life Laboratories, using the same equipment, work space, employees, etc, now magically NOT be liable to pay employee wages and other legal debts incurred prior to that bankruptcy?

Timothy Canty
Timothy Canty
answered on Feb 2, 2018

The United States Bankruptcy Court for the District of Colorado website shows no such case filed under that name. Generally when a company files bankruptcy (Chapter 7), it's assets are liquidated and the funds are used to pay creditors. Wages owed to employees have one of the highest... View More

1 Answer | Asked in Real Estate Law for Colorado on
Q: Is there any reason not to vacate a Rule 120 hearing in favor of a 60 extension of foreclosure sale?

My home is in foreclosure, but I have a buyer. The Rule 120 Hearing is scheduled for 02/09 and the auction date is 02/28. The buyer and myself have aimed for a 02/23 closing. Not wanting to cut it too close, I asked the mortgage co's attorney if she would be unopposed to continue the hearing... View More

Timothy Canty
Timothy Canty
answered on Jan 25, 2018

It sounds like the foreclosing lender/attorney is being reasonable. Read the Stipulation carefully and make sure it says what you think it says - you are agreeing to waive your Rule 120 rights in return for an extension of time. Verify with the Public Trustee that the sale date has been extended.... View More

1 Answer | Asked in Real Estate Law for Colorado on
Q: Can my old mortgage company demand a payment from me after they sold the loan?
Timothy Canty
Timothy Canty
answered on Jan 24, 2018

Who ever holds the promissory note can demand payment from you based on the terms of the note. Sometimes the holder of the note will delegate the "servicing" to another company. That company then has the power to demand payment and to foreclose if there is a default. You don't give... View More

2 Answers | Asked in Bankruptcy for Colorado on
Q: What property can you leave out of a bankruptcy?
Timothy Canty
Timothy Canty
answered on Jan 24, 2018

You can't leave any of your property out of a bankruptcy. You may be able to exempt certain property, but you must disclose everything. Typical Colorado exemptions are the $75,000.00 homestead exemption ($105,000 if one is over 60 or disabled), $7500 for up to two vehicles ($12,500 if over 60... View More

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1 Answer | Asked in Real Estate Law for Colorado on
Q: Neighbors installed 3 foot long metal pipe wind chimes on their second story balcony.

The chimes violate the covenant against sound devices (which include bells, whistles, etc.) being installed on a structure or in a site. There is also a covenant that says a covenant cannot be waived. But the Architectural Control Committee (ACC), the covenant enforcement branch of our HOA,... View More

Timothy Canty
Timothy Canty
answered on Jan 4, 2018

Every planned community is subject to rules called CC&Rs (covenants, conditions and restrictions). You should read them carefully and determine exactly what duties and powers the HOA has. If your neighbors are in violation, the HOA may have a duty to enforce to rules. If they refuse, they can... View More

2 Answers | Asked in Tax Law for Colorado on
Q: With the new tax bill, is it true I can only write off $10,000 of my property taxes now? What if I paid more than that?
Timothy Canty
Timothy Canty
answered on Jan 3, 2018

It's true. Property tax, sales tax and state tax deduction cannot exceed $10,000.00 per year. You may be able to deduct more property tax than that in 2018 (though not sales or income tax) if you pre-paid taxes in 2017.

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1 Answer | Asked in Banking, Business Formation, Contracts and Real Estate Law for Colorado on
Q: Want to buy land/develop with friends. Can one of us get mortgage and others be considered owners with contract?

Looking to buy land/develop homes for a business. Have multiple friends involved. Can one of us get the mortgage and then right up a contractual agreement between us to hand out ownership %'s? So for example, the person with the strongest credit gets the mortgage/loan to build and they own... View More

Timothy Canty
Timothy Canty
answered on Dec 17, 2017

It's theoretically possible, but there are some complications. Most deeds of trust have a "due on sale" clause. This means that if you transfer an interest in the land to your partners, the lender can call the loan. You should disclose all material facts to the lender and get written... View More

1 Answer | Asked in Probate for Colorado on
Q: How can next of kin claim ashes of deceased child when primary parent is serving life?

My new sister in law's daughter was murdered by her father who at the time had custody and is now serving a life sentence. She is trying to claim her daughter's ashes in the state of Colorado but isn't sure which type of probate it would be under or what paperwork she would need to... View More

Timothy Canty
Timothy Canty
answered on Nov 27, 2017

Colorado Revised Statute 15-19-106 lists and prioritizes the persons who have the right to a decendent's remains. If there was no designation in a will and no surviving spouse, the mother would have a statutory right to the remains. If the matter can't be resolved otherwise, a probate... View More

2 Answers | Asked in Probate for Colorado on
Q: My ex's father passed away and his estate is in probate. My ex husband owes me over $11k. Can I file a claim against?

Ex husband is beneficiary along with his sister. There is a contempt order against the ex husband for over $11k he owes me.

Can I file any sort of claim against the inheritance?

Timothy Canty
Timothy Canty
answered on Nov 15, 2017

You don't have a direct claim against your ex-husband's father's estate. However, you have the right to garnish the estate for the money owed you. If you have not done so already, have the claim reduced to judgment (a pretty easy process) and serve a writ of garnishment on the... View More

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1 Answer | Asked in Probate for Colorado on
Q: If my father didn't have a will, do I still have to go through the probate process to gain access to his assets?
Timothy Canty
Timothy Canty
answered on Nov 10, 2017

It depends on the type and amount of the estate assets. If he owned real estate which was not held in joint tenancy with someone else or if he had personal property valued at more than $66,000.00, then a probate estate must be opened. If not, you may collect assets and distribute them by using the... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Q: I wish to sell a rental in Denver, current tenant has a year remaining on lease.What can I do ?
Timothy Canty
Timothy Canty
answered on Nov 8, 2017

If the tenant won't voluntarily agree to move, your only choice is to sell it subject to the tenancy. The new owner would have to wait it out - not an attractive prospect.

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