Castle Rock, CO asked in Real Estate Law and Elder Law for Colorado

Q: can the courts force the sale of a multigenerational home held in joint tenancy upon demand by one of the four owners?

Mother in law has retained an attorney who is threatening court ordered forced sale under CRS 38-28-101. @ closing, she signed an affidavit stating she would not require repayment in part or in whole for the assistance with the down payment on 12-07-2016. Since the closing, she has moved in 2X and abandoned the property 2X. She is currently living in Texas ( 5 months this time). My son, wife and I are the other 3 holders of the deed. Mother in law is not part of the loan. The other 3 of us are. Mother in law was willing to sign a quit claim deed when we were attempting to refi. She then reconsidered the quit claim. The refi broker contacted her to to see if staying on the deed would permit her to sign the refi docs. She agreed if she could have an attorney review the docs. the next thing we know is we are receiving and email from - A litigation Practice in Denver CO. threatening court action to force a buy out of mother in laws interest.

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1 Lawyer Answer
Donald C Eby
Donald C Eby
  • Colorado Springs, CO
  • Licensed in Colorado

A: Is it possible for a 1/4th owner to force the sale of the property. In general, yes. But, you and the other partners may have defenses. You should contact an attorney to discuss the facts in detail and to potentially have an attorney respond to the attorney demand letter showing that you do not plan to simply capitulate to her demands.

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