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Colorado Questions & Answers
1 Answer | Asked in Divorce and Real Estate Law for Colorado on
Q: My ex-wife and I still have a home together. Divorced three years, she is still there. I would like to get out now.

I left three years ago and she said she needed to stay until she could qualify for a loan. I have allowed it for three years and never said a word. Now she is dragging her feet and doe snot want to do it. Even though I have offered to help and do all the paperwork, calls and leg work for her.... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Sep 23, 2021

this depends on what you divorce decree says about the house. The court will enforce the terms of the decree. You should get a lawyer to help you with this.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Colorado on
Q: What do I do if I know my coparent lied on a motion to the court, on a contempt motion against me?

I have a text that says I could watch the kids and he would pick them up at 350pm that afternoon.

John Hyland Barrett III
John Hyland Barrett III answered on Sep 21, 2021

You can present this evidence at the contempt hearing. Depending on what it is, it may or may not help you. You should get a lawyer to help you with this.

1 Answer | Asked in Divorce for Colorado on
Q: I’m currently going through a divorce. I own a home that was purchased during the marriage.

I placed my spouse on the deed however, the mortgage is solely in my name. I have made every payment on the loan myself. We have three children living with me and I’ve been deemed primary custodial parent by temporary orders. He is planning on forcing me to sell the house within 6 months after... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Sep 20, 2021

This house is marital property since it was purchased during the marriage. Also, it is titled jointly. Marital property is to be allocated "equitably', which mans "fairly", not necessarily "equally". The court will probably not care who made the payments, especially if... Read more »

2 Answers | Asked in DUI / DWI for Colorado on
Q: Do I need to tell my employer that I have a DUI?

My contract says that I need to report felony’s and misdemeanors (not including misdemeanors traffic offenses)

Joseph Carter Maher
Joseph Carter Maher answered on Sep 18, 2021

A DUI is considered an “unclassified misdemeanor” in Colorado. DUI offenses in Colorado are not traffic misdemeanor one or two offenses. You should hire an attorney to review your contract closely, and provide a thorough answer. Let’s go

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1 Answer | Asked in Car Accidents and Personal Injury for Colorado on
Q: Had a tbone accident 6 months ago. 32 years of age & just started having lower back pain. Can this be a delayed injry

Only had a ct scan on my head and neck at the time of accident. After my neck and shoulder were rehabilitated then the back pain pain kicked in out of no where.

Tim Akpinar
Tim Akpinar answered on Sep 16, 2021

A Colorado attorney could advise best, but your question remains open for a week. That's something requiring a medical opinion, based on the mechanics involved in the accident, earlier diagnosis and treatment, your medical history, and a current medical examination. An attorney couldn't... Read more »

1 Answer | Asked in Real Estate Law for Colorado on
Q: Can the HOA hold us responsible for the incorrect roof color installed by the previous owner?

6 months after taking possession of our new home, the HOA notified us that the color of our roof is in violation of the covenants. The new roof was installed and paid for by the previous owner during the inspection objection / resolution phase of our closing.

Here's the sticky part,... Read more »

Donald C Eby
Donald C Eby answered on Sep 9, 2021

If the variance hearing does not go well you may need to contact an attorney to discuss your options against the seller who installed a roof without HOA approval of the color.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Q: I have entered in a lease to buy option with my landlord and now he does not want to sell after signing contract.

I have been running my business for 2.5yrs now… I called my landlord to notify him that I would like to purchase the building as stated in our lease contract… but he said he does not want to sell… what will I do if he don’t sell it to me? I have paid Rent, property tax and insurance every... Read more »

James A. Greer
James A. Greer answered on Sep 7, 2021

Dear Lessee With Option To Purchase: The best and most urgent advice I can give you is (1) read the lease and understand the manner in which you must "exercise" the Option, then (2) exercise the Option in that manner (normally, with a written notification, sometimes via certified mail).... Read more »

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1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Colorado on
Q: Can i file contempt against my ex-wife for disrespectful communication that goes against our parenting plan?

My ex-wife and i have a parenting plan set up from our divorce 2 years ago. The plan specifically states that communication must be respectful, and she has constantly harassed me over the last year and a half. I have attempted to file harassment charges through our local police department, and as... Read more »

Sabra M. Janko
Sabra M. Janko answered on Sep 7, 2021

It really depends on the exact language of the agreement and "disrespectful" is a pretty vague term. You might try Colorado Legal Services for pro bono legal assistance.

1 Answer | Asked in Animal / Dog Law for Colorado on
Q: Is it illegal to abandoned and not pick up a dog after asking someone to temporarily watch the dog?

Roommate accepted watching a dog from someone outside the household. Is days past the time for pick up and they haven't picked up the dog, and unable to get a hold of.

Juliet Piccone
Juliet Piccone answered on Sep 6, 2021

The roommate who agreed to watch the dog is responsible for its care unless he/she transfers it to a local humane society clearly stating all the details of ownership known to them, identifying the owner and disclosing the details about the owner can’t be contacted.

1 Answer | Asked in Animal / Dog Law for Colorado on
Q: Neighbor yelled at me for letting my dog pee on the grass in a public area.

I was waking my dogs around the neighborhood and one peed on the grass. The area is a public area and NOT private property. He suggested I go all the way to the green belt and only let my dogs pee in those bushes. Which seems ridiculous. What are the laws about dogs peeing on grass in public areas?... Read more »

Juliet Piccone
Juliet Piccone answered on Sep 6, 2021

In Littleton CO there is no ordinance pertaining to dog urine specifically, the closest thing I could find is this and I don’t believe it applies:

6-1-1: CONDITIONS AND ACTS PROHIBITED:

B. Annoying Odors: The maintenance on any premises in the City of a dog or other animal in such...
Read more »

1 Answer | Asked in Divorce for Colorado on
Q: I want to make a $5,000 gift to the daughter of my best friend as her separate property wedding gift,BEFORE the wedding

The state is Colorado.

1. What specific language should I use on the check to ensure it is her separate property, e.g. 'Jane Doe as her separate property'?

(Has to fit on the check.)

2. Although I'll be sending the check 3 weeks before the wedding, does it... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Sep 2, 2021

You do not need any special language. It does not matter when she cashes the check. The key is that she needs to put it into a separate account in her name only. If she puts it in a joint account with her husband, it will be considered marital property in the event of a divorce.

1 Answer | Asked in Immigration Law for Colorado on
Q: related to marital status of beneficiary form I-129 f

Greetings, I need assistance regarding one question on the I-129f form regarding the beneficiary's marital status. Namely, she was in a registered partnership in Austria, and the final dissolution of the partnership was in December 2020. Please assist me on how to answer question regarding... Read more »

Agnes Jury
Agnes Jury answered on Aug 28, 2021

If it is considered a marriage in Austria then the answer should be that she is divorced. She will need to provide a copy of a certified dissolution of the partnership with her application. Best wishes!

1 Answer | Asked in Divorce and Arbitration / Mediation Law for Colorado on
Q: Ex wife won't comply to court order, My motions keep getting denid. I just want my name off the mortgage/ loan. Thanx

She had 2 years to get refinanced and now it 4 months past that. I keep filling motions because it was already meditated, but she won't comply and won't agree to a new mediation. My last motion to go back to the original order has been denied. What can I do ? She's just prolonging... Read more »

Sabra M. Janko
Sabra M. Janko answered on Aug 20, 2021

If she will not comply with a court order, you can move to enforce. I don't know what has been happening in your case with your motions.

1 Answer | Asked in Child Support for Colorado on
Q: Is a Verified Petition for Paternity and Support the 1st complaint filed for Child Support in Colorado?

Asking because my husband was improperly served and not served within 63 days of the time frame to be served from the date the complaint was filed.

Sabra M. Janko
Sabra M. Janko answered on Aug 20, 2021

A petition is the initiating document in a paternity and initial child support action. If he was not timely served, he can move to dismiss.

1 Answer | Asked in Child Custody for Colorado on
Q: Can a parent exercise "vacation time" and just stay home?

My sons dad said they were going to go on vacation and use one week of their vacation time in our parenting plan. He let me know they actually aren't going out of town, but he's still going to keep him for that week. That week interferes with me taking my son to school on his first day,... Read more »

Sabra M. Janko
Sabra M. Janko answered on Aug 20, 2021

I know of no requirement that a parent go somewhere else for vacation.

1 Answer | Asked in Copyright and Trademark for Colorado on
Q: Hello, is the story of Kong in the public domain? I have heard King Kong and Kong are separate entities can anyone help?

I am an author and I have been considering creating a story based on Kong, using all of the Kong properties such as the character of Kong himself, skull island, and the things related to the original 1933 story. From what I understand Universal Studios own the rights to the character King Kong, but... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Aug 15, 2021

Interesting question. You need to consult with an attorney to evaluate your options.

It is possible that parts of the story are now or soon in public domain. BUT you need to be careful on what you use. Just because something is in the public domain, if you copy somebody's else...
Read more »

2 Answers | Asked in Appeals / Appellate Law for Colorado on
Q: How does one file a notice of appeal judgment
Katie Marie Charleston
Katie Marie Charleston answered on Aug 11, 2021

This will depend on whether your case is a state or federal case. I am licensed in the 10th Circuit Court of Appeals (federal), but not the state of Colorado. Either way there are time and procedural requirements to file your appeal. You should consult an attorney to guide you through the process.

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1 Answer | Asked in Animal / Dog Law for Colorado on
Q: getting divorced we shared custody of the dog (which I bought) for a few weeks, she dropped him off now I don't want to

Give him back I have a protection order against her and the dog is on there as well. I have paid vet bills im the only one with a home. He is attached to this home because he has a puppy brother here as well. What kind of rights dose she have to the dog? It was not gifted to her. She took him when... Read more »

Juliet Piccone
Juliet Piccone answered on Aug 11, 2021

The dog will be treated exactly as all your other property and I would make sure your final orders specifically state who gets the dog; shared custody cannot be ordered because it’s a dog not a child.

If you bought the dog during the marriage and it was not a replacement dog for one you...
Read more »

1 Answer | Asked in Animal / Dog Law for Colorado on
Q: Our neighbors let their animals roam around, here in Colorado Springs, CO. They don't take care of them properly and...

Now we have a pitbull coming to our house all the time, to play with our dogs. He's the sweetest dog. He doesn't like to go back home because he loves us so much. Can we claim this dog if the owners let it roam? I'm afraid of it being hit by a car. The dog played as of his paw hurt,... Read more »

Juliet Piccone
Juliet Piccone answered on Aug 11, 2021

See if HSPPR is still allowing at home stray holds. If yes, contact them stating you found this dog wandering multiple times and you’re afraid it will get hurt if allowed to roam but you’d rather have the dog do the required stray hold at your home instead of their shelter. State you want to... Read more »

1 Answer | Asked in Criminal Law and Civil Rights for Colorado on
Q: In Colorado is an officer allowed to enter your vehicle after it's been locked after you've been taken to police station

Officer entered through sunroof search my vehicle per witness in a store they thought was closed

Philip M Smith
Philip M Smith answered on Aug 10, 2021

Not without probable cause and some exigent circumstance, a search warrant, or consent.

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