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Colorado Real Estate Law Questions & Answers
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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1 Answer | Asked in Real Estate Law for Colorado on
Q: State of Colorado real property implementing lien as an hair to equity.

There is a reverse mortgage on the home the equity outweighs the loan

T. Augustus Claus
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answered on Jul 6, 2023

A reverse mortgage allows homeowners who are 62 years or older to convert part of their home equity into loan proceeds without having to sell or move out of their home. With a reverse mortgage, the loan is typically repaid when the homeowner sells the property or passes away.

If there is a...
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2 Answers | Asked in Real Estate Law, Business Law, Civil Litigation and Insurance Defense for Colorado on
Q: Regarding LLC's and "personal" liability umbrella policies

I have several properties in CO, each in it's own separate LLC with me as the only member of each LLC. Does having all the LLC's insured under a PERSONAL liability umbrella defeat the entire point of the LLC's, (which is to keep each property only individually "liable" and... View More

Miles Williams
Miles Williams
answered on Jun 2, 2023

Hi there, generally your personal liability policy is not going to cover the properties owned by the LLC given that the LLC is not the insured on the policy. You would need to read the policy to be certain. An umbrella policy for all of them could be a solution if there was adequate coverage and... View More

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3 Answers | Asked in Divorce, Estate Planning, Family Law and Real Estate Law for Colorado on
Q: I got offered a buyout amount for a jointly-owned condo in Estes Park Colorado, I was wondering if it is fair and just.

The value of the property is $395,000 In the amount owed is $330,000 and the net value equity is $65,000 and the outstanding debt is 20000 and the down payment was 12,000 which was paid in full by my wife and they are offering me 5,000 for to buy me out and they offering me a chance for me to not... View More

Michael Joseph Larranaga
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answered on Apr 21, 2023

Good morning,

I think this is better posed as a math question. There are allot of factors to this question that are not shown here including your risk tolerance, the cost to sell the house, the real FMV. I would think 1st you would need to establish if there is a presumption that you are...
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1 Answer | Asked in Real Estate Law for Colorado on
Q: How to replace a boundary fence without neighbors permission in Colorado

We live in an HOA and have houses to our right and left that share fences. The fences were built almost 30 years ago when the development was built and they are now rotting away, as well as the bottom of the 4x4 posts. This has caused the fence to lean to one side (theirs) and one section is about... View More

Ben Volpe
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answered on Apr 19, 2023

I'd double check all the HOA governing documents that speak to fences. If it is up to your neighbor and you to maintain, repair, and replace the fence as a shared fence, you will have to try to work with them. This can be difficult with contentious neighbors. No matter what you do,... View More

1 Answer | Asked in Real Estate Law and Probate for Colorado on
Q: My mother passed away and left the family home to her children. There were 5 siblings. 3 quit claimed their interest.

Three were paid off when sibling 1 took out loan. Sibling 2 was in prison and quit claimed but never got their share. What is the best way to fix this situation? Three siblings have no ownership. Sibling one and two have different percentages of ownership but nothing in writing. Sibling 2 currently... View More

Michael Joseph Larranaga
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answered on Mar 29, 2023

If the property has already gone through probate and the personal representative distributed all the deeds, then there are numerous options including a partition action, contract negotiation, or other.

If the property did not go through probate, then that may need to happen so the deeds...
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Colorado on
Q: I a the president of our neighborhood hoa. An owner has built an addition on his property. How can we get it removed?

There is an owner who has built a "screened in porch" off the side of his house, but he built it on the common area, which he does not own. The HOA owns all common areas. I have the papers that show the property lines, and he has definitely built the room on hoa property the... View More

Michael Joseph Larranaga
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answered on Mar 10, 2023

Good afternoon,

The HOA will most likely need to file a lawsuit against the property owner. If the structure is on HOA property, then it may fall under trespass law. In the alternative, it may be a breach of covenants. Regardless, if they are not moving it on their own then you may need to...
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1 Answer | Asked in Contracts, Personal Injury, Real Estate Law and Insurance Bad Faith for Colorado on
Q: Can an insurer require an investigation then after the investigation send a payment then after the payment turn around

Then ask for an EUO almost 8 months later? They did not ask for EUO with in 15 days. The claim has now drug out to be eight months long. We just received one small payment, and they are not wanting to pay out the rest of the claim which is substantial.

According to our declarations. We feel... View More

Tim Akpinar
Tim Akpinar
answered on Mar 4, 2023

A Colorado attorney could advise best, but your question remains open for a week. More details are needed about the carrier's need for the EUO. You raise a good point. If the claim appears to be turning contentious, you could explore representation. Most injury law firms offer free initial... View More

1 Answer | Asked in Real Estate Law for Colorado on
Q: Must an HOA provide monthly bank statements to owners within an HOA?
Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 20, 2023

If the governing documents specifically state this, then yes but it is highly unlikely that it does. On the other hand, you have a right to inspect the books---I would recommend that you contact a local HOA/real estate lawyer and sit down and discuss the specifics of your dispute and then decide... View More

2 Answers | Asked in Real Estate Law and Civil Litigation for Colorado on
Q: In a property line dispute, can on party take ownership of another party's house/property?

My neighbor is in a property line dispute with the neighbor on the other side. My neighbor can't sell his property because of a Lis Pendens against his property. Even though he has 2 certified property surveys, he just lost a civil judgement in this property dispute. If the neighbor has to... View More

Anthony M. Avery
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answered on Jan 16, 2023

Hire a competent CO attorney to conduct a title search now. He can advise if a new survey of the boundary is advisable. You might also start finding the prior owners or other witnesses which might know the land boundaries in the past. Then you will be prepared if sued.

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2 Answers | Asked in Real Estate Law and Civil Litigation for Colorado on
Q: In a property line dispute, can on party take ownership of another party's house/property?

My neighbor is in a property line dispute with the neighbor on the other side. My neighbor can't sell his property because of a Lis Pendens against his property. Even though he has 2 certified property surveys, he just lost a civil judgement in this property dispute. If the neighbor has to... View More

Michael Joseph Larranaga
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answered on Jan 16, 2023

Having dealt with surveyors in the past, I can tell you there are different quality surveyors, different levels of survey, and different types of surveys. They all carry different weights. Property line disputes often come down to the history of the property. The longer you have owned your property... View More

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2 Answers | Asked in Real Estate Law and Contracts for Colorado on
Q: subcontractor put a Mechanics Lien on my property after I have paid full price to contractor I hired upon project done.

I only signed contract with the contractor and he is bankrupt now. what should I do?

James A. Greer
James A. Greer
answered on Jan 10, 2023

Dear Owner with Subcontractor Lien: The threshold question for proper legal analysis pertaining to the Subcontractor is whether or not the subcontractor sent to you, or tried to send to you, a certified mailing containing the proper notice that is required prior to recordation of a lien (it's... View More

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1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Colorado on
Q: With regards to CO Rev Stat § 38-12-103 (2016)

If the time specified in section 1 passes and the landlord has not returned the security deposit or provided an itemized list of deductions, are damages and fees still deducted from the amount of 3x the original deposit?

Michael Joseph Larranaga
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answered on Dec 29, 2022

Think of them as separate topics. The security deposit is meant to secure the performance of the lease. Once the time period has passed, the landlord forfeits the right to retain the security deposit. At that point, you have the responsibility to send the appropriate letters and bring legal action... View More

1 Answer | Asked in Real Estate Law for Colorado on
Q: Can a boyfriend have claim on my condo if has lived in it with me for 8 years? I want him out of my home.

I purchased my condo in 2008. He moved in 2014 and still in my place now in 2022. We have a child together. If I get him out of my home can he have claim on half of my condo?

Michael Joseph Larranaga
Michael Joseph Larranaga pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 17, 2022

That really depends. If you never transferred any type of ownership interest to him then in theory you should still own 100% unless you held out as married or did something else that would allow him to acquire an interest in the property.

That being said, you need to be aware of other...
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1 Answer | Asked in Family Law, Foreclosure, Real Estate Law and Probate for Colorado on
Q: If the house I co-inherited with my sister goes into foreclosure, will it affect my credit? (House in my father's name)

I'm struggling to get my sister on the same page about what to do with my dad's house. It's still in his name because he didn't leave a will and my sister and I have yet to go through probate. I have tried to sell her my share of ownership for a reasonable sum or suggested we... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Nov 7, 2022

It should not affect your credit since you are not on the title or the mortgage. You may want to take a more active role by being appointed the personal representative ("executor") so you could sell the property if there is any equity to protect. You should get a lawyer to help you with this

1 Answer | Asked in Divorce, Foreclosure, Family Law and Real Estate Law for Colorado on
Q: My husband has an inherited property in Texas that I recently paid the taxes on to save from foreclosure, is it shared?

My husband has inherited property in Texas however I manage the property and I pay the lawyer as well as recently paid the taxes we’re looking at divorcing and he states that he won’t give a portion of the profit when it sells to my son or I. In addition it should be noted that he’s giving up... View More

John Hyland Barrett III
John Hyland Barrett III
answered on Nov 7, 2022

In a Colorado, divorce, inherited property is considered separate property. However, any increase in the value of that property is marital. You may have some claim for the property taxes. You should get a lawyer to help you with this.

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