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Given a week to get out of the home is this legal
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answered on Dec 29, 2023
This is a complex question. Off the cuff, I would be concerned with the week's notice. Typically, a tenant is given written notice then court proceedings are filed. Once a judgment is entered a writ of possession/ removal is entered by the court allowing the sheriff to remove the Tenant.... View More 
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answered on Dec 20, 2023
From a general perspective, a pellet gun is not a good self-defense weapon. Having owned and used pellet guns before, pellet guns are typically used to hunt small game such as prairie dogs, rats, and so on. While it could theoretically deter a person and perhaps hurt them if you were to hit them in... View More
50/50 owned home was sitting empty. Both on loan.
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answered on Jun 24, 2024
The real question is was the property subject to the division order when you got divorced or not. If not, then you may be able to pursue a partition action to force the sale of the property. If so, then you may need to follow the court's order and follow up with contempt proceedings. Either... View More
"Tenant" has lived on the property for longer than one year. He has repeated interfered with my attempts to sell the property. CO JDF 99B does not seem to me the correct process.
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answered on Jun 19, 2024
You should probably contact an eviction attorney.
You do not need a written lease to evict a Tenant. While rare, oral leases still exist. That said, you still need to follow the proper termination procedure.
Owner cannot be contacted, dmv will give me a temp license plate but no valid title.
1. Can I legally go get the rv and put in on my property
2. Can I apply for a bond title
3. Can I sell it w no title
4. What can the police do for me,
5. Is thus a criminal offense , title fraud
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answered on May 3, 2024
It sounds like it could be theft. If you have a written contract, you may be able to compel the sale and transfer of title as well. Either way, you will need to take legal action and contact an attorney.
I had permission to "nap" on private land for a couple hours. Can any cop come and wake me then arrest me without having a warrant or permission to be there in the first place;. Since It's not my property, I have no say.?
therefore there actions were justified in what lead... View More
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answered on Jan 29, 2024
To complicate the situation, the presence of a residence may also be a factor. I seem to recall a case regarding vacant land and the reasonable expectation of privacy.
But in general, cops are not allowed to invade a home without a warrant or some sort of exigent circumstance.
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answered on Nov 13, 2023
This is a complicated legal question. Depending on how the deed is written, the property could already belong to someone else. For example, it is a joint tenancy with the right of survivorship. You most likely need to talk to either a real estate or estate attorney. If the property passed into the... View More
The buy-out amount was calculated as (Home Value - Mortgage) / 2. She now claims because I didn't put any physical money down as you would in a downpayment, that she keeps all the equity in the property when we sell. My name is on title as joint tenant and partition action has been filed,... View More
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answered on Nov 8, 2023
A better question is are you are the title? If so, then her equity argument might be out the window. In short, you need to talk to an attorney to determine if you have a property interest, what that might be, and so on. This could be a potential partition case, breach of contract case, unjust... View More
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answered on Nov 13, 2023
It should also be noted that different statutes of limitations will apply to different types of claims. IE, a personal injury case will be treated differently than a breach of contract case. Further, fraud can be a factor in when the SOL starts to run.
This issue confuses a lot of... View More
My dad is extremely LDS and does not give my autistic sibling freedom to explore their gender or sexuality. I'm worried about how this affects their mental health. I live in Colorado and he lives with my siblings in Idaho. My sibling has expressed before that they want to live with me. Do I... View More
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answered on Nov 6, 2023
While I do not know the laws in ID, I would think that if your sister is a minor and has not otherwise been legally emancipated, then your father remains her legal guardian and can make decisions on her behalf including where she lives.
That being said, if there is clear physical or mental... View More
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answered on Nov 6, 2023
The short answer is yes. Depending on your specific facts, it is possible. For example, if a person was not properly served and not provided an opportunity to be heard, that person in theory, could ask the court to set aside the judgment. Why? Because we have the right to due process in this... View More
One partner assumed the original mortgage after divorce. The other bought out the ex-husband using a second mortgage against the property.
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answered on Oct 28, 2023
No partition is a option. Allot of your options depends on the other party, where the property is located and various other facts.
Most partition situations can be handle via contract as well. I would do some research and reach out to an attorney to discuss your options.
If you own a home on your own and then sign a quitclaim deed to a new partnership as joint tenants, can you reverse the quitclaim deed and claim full ownership again?
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answered on Oct 30, 2023
It depends on the situation. If there were no fraud, coercion, or contract then you would most likely need the new owner to sign the property back to you. That attorney needs to identify why you transferred the property. If you did so voluntarily then you may be out of luck. But again, walk... View More
Attorney want to sell the house ex-boyfriend is willing to sell as well but there’s a lien on the home for his child support is a way of selling the house and his portion go towards his lien and my daughter’s portion goes to her
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answered on Nov 3, 2023
I would think the attorney would be able to figure it out. They would need a contract, dividing the proceeds and ensuring that the child support is paid off.
The other 'half' owner of the property is in the hospital; his daughter has POA. She says I have no right to enter the residence until he passes away. Is this correct, or what are my legal rights?
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answered on Oct 9, 2023
Typically, Joint Owners classified as tenants in common have a joint right to use the property unless there has been some sort of other side agreement, lease, or other. If the owner in the hospital has established that as their residence it may be a grey area.
Depending on what you own,... View More
(Not blocking the driveway)
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answered on Oct 6, 2023
You might be better off talking to the county. Most areas have ordinances regarding street parking. I imagine blocking driveways may be against your local ordinance.
Looking for a Colorado Statute. Just to avoid any confusion.
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answered on Sep 28, 2023
Is it possible that you have the wrong statute number? In Westlaw and Lexis, you should be able to pull up Colorado Revised Statutes, and pull Title 13 Article 21 to determine if that specific statute exists. Pay specific attention to the numbers. Colorado, reserves spaces so it is possible to jump... View More
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answered on Sep 28, 2023
Colorado did recently pass a law regarding a landlord's responsibility to provide a tenant with a receipt for cash payments. There are exceptions, but it is generally good practice to give your tenant a receipt. That being said, the damages resulting from such a failure would be difficult to prove.
Electrical issues just to begin with. Seller did not disclose any of this to us. Inspection was done but inspector did not bring this to our attention. What kind of lawyer am I looking for, for this type of matter and would i use the same lawyer against both the seller and inspector?
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answered on Sep 28, 2023
I agree that you need a real estate attorney familiar with litigation work. In short, you have a potential breach of contract, fraud, and failure to disclose type issue. As to the prior homeowner, knowledge is normally key to those issues. IE, did they know? The home inspector’s lapse is a more... View More
Logic would dictate that the longer you've occupied the same space the longer you'd need to move.
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answered on Sep 22, 2023
The type of tenancy you have is often governed by your lease/ contract. In many contracts, there is a provision in the terms section that will change a fixed year to a month-to-month or other. It all depends on the wording. Further, a month-to-month can be established for hold-over tenants in... View More
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