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There is a 4-plex and a duplex and each has a parcel of "private use" outdoors. We want to see if its possible to separate the units into townhomes, where you own your unit individually, including the dirt, siding and roofs. There is one shared large driveway accessing all 6 garages, it... View More 
answered on Nov 29, 2017
It's possible but there would be several challenges. First, there is the question of government constraints. What do the Frisco and Summit County codes permit or restrict in terms of zoning, occupancy, etc.? You are talking about redefining property boundaries in a way that triggers such... View More
and about 20 feet cross into our land. Do I have any recourse?
answered on Nov 26, 2017
Easements, which are rights to use certain portions of another person's land for limited purposes such as a road, can be established through use, through necessity or through contract. Is it 20 feet of the road that crosses onto your land? If that road is necessary to your neighbor to get... View More
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.
I need to send her a 7 day demand letter for not returning my SD within the 30 days of vacating. She will not respond to my emails or texts and I do not have her address. I looked up her address online and its the same one I used to live at which I know she isn't living in.
I inherited a home with a family member who has lived there for many years with no rent payment. I asked him to sign a written lease with defined terms and cost, but he refuses to sign a lease or move out. How do I get him removed from the property? What notice is required and how many days are... View More
Parents are separated (not legally) he just moved to another state. Mom is trying to buy a condo and was approved solely on her own. Mortgage is currently in underwriting and they are requiring my Dad to be physically at the closing and on the title. Since he is not on the loan, I don't see... View More
answered on Oct 9, 2017
If your mother truly qualified for the mortgage on her own, there should be no need for her husband to be on the deed or at closing.She should get an explanation from the mortgage company. In Colorado, a married woman may hold title in her sole name, without her husband.
We discovered the damaged garage one month after closing, which prompted us to check to see if he had pulled permits on the garage and found out he didn't pull any permits for anything, including the interior renovations, roof, fence, garage.
answered on Sep 26, 2017
What you are referring to are documents that are readily available in the public records. Why didn't you look into this before you closed?
This was an unsolicited offer by an agent and we don't have a signed contract with him either. Is email acceptance binding or can we rescind?
answered on Sep 23, 2017
In Colorado, Contracts for the sale of real estate must be in writing pursuant to statute. In some cases, a court may enforce oral real estate contracts if there has been some partial performance. To determine whether your email "acceptance" is valid or not, I would have to look at the... View More
Home in PA is a VA loan that we've had for 11 years, and is still underwater (~$60K) since the 2008 crash. We recently closed on our home here in Berthoud, CO, and have virtually no equity built up. Wife laid off last April, only on one income (mine). Our PA tenants just gave notice that they... View More
answered on Sep 23, 2017
Without knowing your entire financial picture, I cannot determine whether a bankruptcy would be right for you. A bankruptcy would relieve you of liability for the PA property, but I can't determine whether it would protect your other assets. Since you apparently have not lived in Colorado for... View More
He wanted to sell and now he doesnt and he keeps telling me I cant sell with out his consent. I am the one who pays the bank, the house is in my name, he had bad credit so I put him on the title in hopes of building it. I found something about tenancy in common vs joint tenancy does that apply... View More
What do I have to do to get off mortgage?
answered on Sep 21, 2017
There are only two ways I know to get released from the mortgage. The lender can agree to release you from liability (not bloody likely) or your girlfriend can refinance by herself.
I have a contract to buy a house, but the seller repeatedly extends the closing date. It seems like he is ensuring his proceeds will not go to his bankruptcy, but in the mean time I can't take full possession of the house. I'd like to close now, but is there a reason to allow him to... View More
answered on Apr 18, 2018
Your recourse depends on the consequences of the failure to close, though since that failure would be a breach of contract, you would be entitled to something.
Seller in foreclosure, listed house with me, now have contract with buyers. Seller since found a way to stay in her home and doesn't want to sell. Buyers' agent wants to sue everyone. How can I help her stay in her home?
answered on Sep 21, 2017
Generally, a buyer is entitled to specific performance of a real estate contract as long as the buyer has not defaulted on any material terms. However, your seller could break the contract legally by filing a Chapter 7 or Chapter 13 bankruptcy. There are many other consideration before deciding on... View More
She has another place to go live and I do not trust her in my home anymore. Can I evict her? How much time do I need to give her before making her leave? Her name is not on the mortgage and there is no written lease agreement.
answered on Sep 13, 2017
The best practice is to provide 30 days written notice of termination. Some lawyers argue that notice is not required because she is not paying rent and not on the lease, but this approach presents risks and may not be legal in Colorado (esp. with a domestic relationship).
Are there any grounds that allow us to revise the lease to include a pet deposit or enforce that the kittens be re homed after the lease has been executed? we do not want cats in our house.
answered on Sep 13, 2017
Both the tenant AND landlord are bound by the terms of the existing lease. The landlord, like the tenant, can propose amendments or a new lease but neither side is obligated to accept any modifications. Applying pressure to amend via threated litigation, increased inspections/visits, and/or... View More
Can I sign 5 leases for 5 students for same house. Is Denver, Colorado allowed to rent the house to several university students not related by blood or marriage or any other legal relationship
answered on Sep 7, 2017
Most counties follow the related by law/blood plus one rule. That is, there can be only one additional unrelated person residing at a home. Note, many counties allow unmarried couples that are in a permanent relationship (usually with children) to county as "family". Some counties also... View More
COLORADO LAW- Since the entire 40 acres (Las Animas County) are each owned as undivided equal interest by each of us; how can I sell my 1/2 ?
AS INFO ONLY--- My brother has sold his 1/2 ( of 27 acres) interest in the same type ownership of raw land in MAINE. He did so with out my knowledge... View More
answered on Sep 1, 2017
Tenants-in-common (TiC) and Joint Tenants have nearly identical ownership rights. The basic concept is that if all owners are alive, each owner has a 100% interest to the entirety of the property, but is required to share the property with the other owners. Partial interests can be sold to other... View More
Colorado. No papers are signed yet
answered on Aug 23, 2017
Your idea will not avoid capital gains taxes on the gain from the sale. I am aware of three possible solutions to avoiding these taxes. First is a 1031 exchange and involves buying another qualifying property and rolling the gain into that - there are complicated rules to this. The second method is... View More
We are selling condo, currently under contract, our circumstances have changed, we want out of contract, in state of Colorado, how can we terminate the contract and what penalties would we incur?
answered on Aug 22, 2017
The sales contract defines the terms of termination and associated penalties. If you want to know the specific repercussions of termination you will need to hire an attorney to review the contract or you can review the contract yourself. Be warned, terminations are partially time sensitive, so you... View More
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