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Colorado Real Estate Law Questions & Answers
2 Answers | Asked in Real Estate Law for Colorado on
Q: I have a document that I do not completely understand and was wanting some help. It is a special warranty deed.

"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?

Anthony M. Avery
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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

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2 Answers | Asked in Real Estate Law for Colorado on
Q: I have a document that I do not completely understand and was wanting some help. It is a special warranty deed.

"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?

Michael Joseph Larranaga
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answered on Feb 9, 2024

I agree with Mr. Avery. You did not include the important part of the granting clause. It is clear that a life estate is at play here but nothing else can be seen here.

If you want a precise answer, you need to hire a CO attorney. It is very unlikely anyone will give you legal advice...
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1 Answer | Asked in Real Estate Law for Colorado on
Q: Can a real estate Restrictive Covenant be amended by the HOA president without a discussion or vote by the community?

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

Michael Joseph Larranaga
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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...
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1 Answer | Asked in Consumer Law and Real Estate Law for Colorado on
Q: I had a valid quitclaim deed a was properly recorded would that have impact on 4closure if it wasn't acknowledged
Michael Joseph Larranaga
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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...
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1 Answer | Asked in Real Estate Law and Tax Law for Colorado on
Q: We are looking for legal representation on a DST/1031 exchange property issue.

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

James L. Arrasmith
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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...
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1 Answer | Asked in Estate Planning, Probate and Real Estate Law for Colorado on
Q: How to stop a sale of property after deceased
Michael Joseph Larranaga
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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

2 Answers | Asked in Real Estate Law for Colorado on
Q: I bought out my partner's ex from the home they owned. Now she claims I don't have any equity in the property.

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

Michael Joseph Larranaga
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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

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2 Answers | Asked in Real Estate Law for Colorado on
Q: Can you reverse a quitclaim deed

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?

Michael Joseph Larranaga
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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

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2 Answers | Asked in Real Estate Law for Colorado on
Q: My daughter owns a house in Arizona and I live in Colorado. My daughter is currently incarcerated and I am her power of

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

T. Augustus Claus
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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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2 Answers | Asked in Real Estate Law for Colorado on
Q: I am a half of a residential property in Colorado. Other half says I cannot enter the house. What are my rights?

The other 'half' owner of the property is in the hospital; his daughter has POA. She says I have no right to enter the residence until he passes away. Is this correct, or what are my legal rights?

Michael Joseph Larranaga
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answered on Oct 9, 2023

Typically, Joint Owners classified as tenants in common have a joint right to use the property unless there has been some sort of other side agreement, lease, or other. If the owner in the hospital has established that as their residence it may be a grey area.

Depending on what you own,...
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2 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Real Estate Law for Colorado on
Q: I'm the successor in interest for an inherited house. Can the mortgage lender charge me a fee for assuming the mortgage?

I inherited my house from my mother when she passed away in 2017. I repeatedly attempted to assume the mortgage and get my name placed on the mortgage, but was repeatedly told I couldn't do so without undergoing a financial ability to pay. At the time, due to my student loans I wouldn't... View More

James L. Arrasmith
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answered on Nov 5, 2023

Yes, typically a credit union or other lending institution may require your name to be on the first mortgage to secure a home equity line of credit (HELOC). This is because they need to ascertain their position in the event of default.

Regarding the assumption fee, mortgage lenders are...
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2 Answers | Asked in Consumer Law, Real Estate Law and Civil Litigation for Colorado on
Q: I purchased a home in march 2023. There are so many problems with it. Cracked and crumbling foundation, plumbing and

Electrical issues just to begin with. Seller did not disclose any of this to us. Inspection was done but inspector did not bring this to our attention. What kind of lawyer am I looking for, for this type of matter and would i use the same lawyer against both the seller and inspector?

Michael Joseph Larranaga
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answered on Sep 28, 2023

I agree that you need a real estate attorney familiar with litigation work. In short, you have a potential breach of contract, fraud, and failure to disclose type issue. As to the prior homeowner, knowledge is normally key to those issues. IE, did they know? The home inspector’s lapse is a more... View More

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2 Answers | Asked in Consumer Law, Real Estate Law and Civil Litigation for Colorado on
Q: I purchased a home in march 2023. There are so many problems with it. Cracked and crumbling foundation, plumbing and

Electrical issues just to begin with. Seller did not disclose any of this to us. Inspection was done but inspector did not bring this to our attention. What kind of lawyer am I looking for, for this type of matter and would i use the same lawyer against both the seller and inspector?

James A. Greer
James A. Greer
answered on Sep 27, 2023

Dear FAILURE TO DISCLOSE claimant: The type of lawyer you need is a real estate and construction experienced lawyer. And, no, you shouldn't expect to have to hire separate counsel for your claim of (1) Failure to Disclose, and (2) Negligent Inspection. I am hopeful that you have a standard... View More

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2 Answers | Asked in Contracts, Real Estate Law and Tax Law for Colorado on
Q: Seller will only sell us the house if we also buy the furniture for $35000 in a separate transaction twice the value of

Furniture might be worth 10,000 max but seller wants 35000 in separate transactions from house perchase of 600000 we really want the house so we are forced into this furniture deal . Do we just go along with it and over pay for the furniture and keep the sellers happy it’s like they are hiding... View More

Michael Joseph Larranaga
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answered on Sep 22, 2023

Sorry, it is the seller's responsibility to deal with their taxes. It only becomes a problem for you when you both start colluding not to pay taxes.

The seller has the right to sell his property for as much as they want. We live in a free market so if a buyer will pay it then why not?...
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1 Answer | Asked in Real Estate Law for Colorado on
Q: How to transfer property ownership with only existing mortgage value and no capital gains?

My mother's name is on the title and mortgage for the condo I am living in while I pay all the fees. I am set up as a renter with no profits. I am now in a position to take ownership of the property and remaining mortgage. Adding my name to the existing mortgage is not an option. She... View More

Michael Joseph Larranaga
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answered on Sep 15, 2023

Unfortunately, this is not an easy situation. If you want to avoid fees, you should probably talk to a tax attorney. I do not think you can avoid all taxes. You may be able to defer taxes or maybe defer then fall into an exception, but Uncle Sam always gets his cut in the end. Your mother could... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Q: What is the penalty for not having a separate trust account for a rental deposit?
Michael Joseph Larranaga
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answered on Sep 11, 2023

While I am not aware of any penalties, there are benefits to keeping a separate bank account for security deposits. For one, if you are sued, bank records are open to discovery. As such, if you put the deposit in a separate account then you do not necessarily need to divulge your personal records... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Colorado on
Q: Am I allowed to walk my dog in an adjoined backyard space?

I live on a property with an adjoined backyard area with no fences. The adjoining property is a communal housing facility. I have been utilizing the full area for several months. I was told by the manager of the asking property that I'm no longer allowed to use "their" portion of the adjoined space.

T. Augustus Claus
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answered on Aug 21, 2023

The use of shared or communal spaces often depends on property agreements and the understanding between neighbors. If you have been using the entire adjoined space for a certain period, it might have established a pattern of usage. However, property managers or owners of the adjoining property can... View More

1 Answer | Asked in Real Estate Law for Colorado on
Q: My brother and I co-owned a townhouse in Colorado which we used for rental property. My brother signed the leases.

I want to sell the property because I am 8 hours away. Is the lease still valid? Do I have any way out?

* My brother recently passed away.

Michael Joseph Larranaga
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answered on Aug 1, 2023

That is a very complicated legal topic. You should contact an attorney.

1st they need to determine who owns the house. Then you need to look at not only the validity of the lease but if you accepted any payments. Next, it depends. But in short, it may not be wise to kick out a potential...
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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Q: who has say over property deeds after owner passes away
Michael Joseph Larranaga
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answered on Jul 21, 2023

It really depends. If the property is owned as joint tenants with right of survivorship, ownership can pass by operation of law without any court involvement. In other instances, probate may be required. Regardless, property ownership is riddled with legal complexities. If you do not know the... View More

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1 Answer | Asked in Real Estate Law for Colorado on
Q: I have a rental property with an existing mortgage in Colorado. Can I add my son as a joint tenant on the deed ?
Michael Joseph Larranaga
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answered on Jul 10, 2023

It depends. I know everyone hates that answer.

In general, if you own a piece of real property, you can add another person as a Joint Tenant. But depending on state law, if the mortgage is a deed of trust or other, the terms of the contract and so on, changing ownership can be an issue....
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