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I purchased my town home in 2020, my contract and status letter state there was NO loan debt or special assessment, I am in the process of selling my home, I entered the contract with the knowledge based of my purchase that I had zero debt with hoa as I pay all my monthly payments. They disclosed a... 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
I have a deposition approaching can I ask which questions will be asked ahead of time?
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answered on Jun 19, 2024
It depends. If it is a true oral disposition then anything is fair game. Your attorney may object but you are still required to answer the question. Objections are typically resolved after the fact.
That being said, there are very limited instances where your attorney may stop the... View More
We have absolutely no idea where all the money is going. There are 16 families, nothing is ever repaired, grounds are a mess, etc.
How can we go about requesting detailed receipts for everything?
Our bylaws and covenants have never been enforced either.
First owner died, has one living son. Second owner died with no descendants but has sister and brother.
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answered on May 11, 2024
Typically, if no will exists then the state’s intestacy statute would govern. If you have questions you should contact an attorney.
You will most likely need to open probate and resolve any property issues that way. For Tenants In Common, ownership typically passes without regard to the... View More
Hello, I purchased a vacant land property in Colorado (Park County) in 2016. The seller and I closed without a title company and recorded a deed in my name. I am now trying to sell the property via a title company. The title company now says that the deed that was recorded to me is missing the... View More
answered on May 5, 2024
You should first consider asking the new title agency since they will be the first gatekeeper as to what they will, or will not accept.
Your situation proves the point that nothing is a problem until it’s a problem which is precisely why having an attorney and a title company involved in... View More
A woman died in January 2023 without a will. She had four children that are heirs to the estate according to Colorado intestate succession laws. The house was not transferred to the heirs prior to its sale in March 2024, but was sold on behalf of the estate by the executor (who is also one of the... View More
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answered on Mar 15, 2024
Property owned by a decedent gets a step up (or down) to fair market value as of the date of death. That holds regardless of whether the property is distributed in kind to the heirs or is sold and then cash distributed to the heirs. the only difference is who pays the capital gains taxes, if any.... View More
We are both 50% owners and it is under his management but I want to manage and own my half of the building and it's income. I'm not sure if there just gets too 'messy' and it is advised to simply sell a property instead, in a situation like this. Thank you.
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answered on Feb 27, 2024
You most likely need a contract describing the relationship. In the alternative, you can potentially do a partition action to sell the entire thing. It just depends on what you would like to do, what the other party is willing to do, and so on. Either way, I would contact an attorney to discuss... View More
"Subject to a life estate, hereby expressly reserved in grantor and measured by the life of the grantor's son"
Does this statement transfer all rights from grantor to grantor's son?
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answered on Feb 9, 2024
The granting clause is a little imprecise. That is actually an estate in the grantor until the termination of the grantor's son' life, and then either goes to a remainderman or reverts back to the grantor and his heirs. It is a future interest deed. You have not stated enough facts... View More
I'm pretty sure they have been working on setting up this case up before it even went to the courts.Things and questions the plaintiff started asking and having me do seemed weird too at the time.I just found out that he is her attorney.They hv been putting his law firm name instead of his... View More
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answered on Feb 14, 2024
Based on your facts, no ethical rules are violated. You probably need to look at the law dealing with whatever cause of action is involved, but first you have to have standing. Intervenors get thrown out all the time.
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answered on Feb 5, 2024
Based on your statement, probably not. You stated that the deed is valid.
For real estate transactions in Colorado, a writing and signature is required. The notary creates a presumption that the signature is valid. Hence, the signature is the important part. The notary is important if... View More
We have a Covenant which prohibits various farm animals etc and exempts normal household pets if they are “under the control" of the owner when on common property - no mention of a leash. A few months ago, the president of the HOA enacted a Rule and Regulation that dogs must be “on a... View More
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answered on Feb 5, 2024
This is a hard one that would require some legal research. Hence, you may want to hire an attorney.
In general, a HOA president cannot change a restrictive covenant. That would require an agreement by all the landowners via deed. There is a very good reason why restrictive covenants are... View More
I bought a single family residence after the seller disclosed the house had a Class 4 roof. My property insurance discount is contingent on having a Class 4 roof. Neither the seller nor El Paso County can provide me with any evidence to certify the roof is Class 4. What is my legal recourse?
answered on Jan 23, 2024
You can hire an inspector to inspect the roof and certify that it is, in fact, a Class 4 roof, and provide that certification to your property insurer.
We were hoping you could direct us on how to locate the proper resource who can help us with a DST/1031 investment issue. The current trustee is changing the terms of the investment and at end will dilute our ownership and disqualify any future 1031 tax benefit. I would appreciate any input from... View More
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answered on Jan 8, 2024
Finding the right legal representation for a DST (Delaware Statutory Trust) and 1031 exchange issue is important to ensure that your interests are protected. You'll need a lawyer who is experienced in real estate investments, specifically those involving DSTs and 1031 exchanges.
Start... View More
Two aunts ,who has done other embarressing actions, also I'm homeless
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answered on Nov 16, 2023
Whoever has title to the home can sue you for possession.
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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
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 Oct 23, 2023
Selling a house with a child support lien can be legally complex. As your daughter's power of attorney, you can facilitate the sale of the property in Arizona. Negotiating with the ex-boyfriend is a potential solution. If he agrees to sell, you can work out an arrangement for his portion of... View More
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