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.
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.
You can schedule a free case assessment 24/7 by calling 303-688-0944 or online at https://go.oncehub.com/rhbooknow. At your appointment, we'll meet by phone or video (Zoom), we'll discuss your concerns, desired results, rights, remedies, the law, the process, timeline, how we can help, costs, etc.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
