Partition Actions in Colorado | CO Legal Resources | FastCounsel

How to Coordinate Realtor Selection with a Co-Owner for a Joint Property Sale in CO

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney for guidance on your specific situation. Detailed Answer When two or more individuals co-own real property in Colorado and decide to sell together, selecting a real estate broker—commonly called a realtor—is a crucial decision. Under Colorado […]

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How to Calculate and Recover Carrying Costs From a Co-Owner in a Joint Sale Agreement in Colorado

Disclaimer: This article is for educational purposes and is not legal advice. Detailed Answer When co-owners enter a joint sale agreement in Colorado, they agree to sell property together and share related expenses. Carrying costs include mortgage payments, property taxes, insurance premiums, homeowners association fees and necessary maintenance. If one co-owner pays more than their […]

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What rights do co-owners have when one heir wishes to live in an inherited property while another wishes to sell? – CO

Detailed Answer When multiple heirs inherit real property in Colorado, they become tenants in common. Each co-owner holds an undivided interest in the whole property. No single co-owner can unilaterally force the sale or block another from using the property, but Colorado law provides clear remedies. 1. Tenancy in Common Rights: Each heir may occupy […]

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How to apply for a Medicaid hardship waiver to protect inherited property from estate recovery claims in Colorado

Detailed Answer What Is Medicaid Estate Recovery? Colorado’s Medicaid Estate Recovery program allows the state to recover medical costs paid on behalf of a Medicaid recipient from the recipient’s probate estate, including certain inherited real property. Under C.R.S. § 25.5-4-327, HCPF may file a claim against the estate of a deceased recipient who was age […]

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What steps are required to initiate or consent to a partition action in Colorado?

How to Initiate or Consent to a Partition Action in Colorado Disclaimer: This article provides general information only and does not constitute legal advice. Always consult a licensed attorney for guidance on your specific situation. Detailed Answer Partition actions in Colorado allow co-owners of real property to divide or sell land when they cannot agree […]

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What Options Exist if Co-Owners Cannot Agree on a Buyout Price in Colorado?

Detailed Answer Not legal advice: This article provides general information and does not constitute legal advice. For advice specific to your situation, consult a qualified attorney. When co-owners cannot agree on a buyout price for jointly owned property, Colorado law offers several paths to resolve the dispute: Negotiation and Mediation: Co-owners can hire a neutral […]

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What process allows a party to force sale of property through a partition hearing in Colorado?

Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer Under Colorado law, a co-owner can force sale of shared real property through a statutory partition action. Colorado Revised Statutes § 38-30-101 et seq. governs partition actions. A partition hearing determines whether the court will divide the property physically […]

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What legal process allows a co-owner to force the sale of jointly inherited property in Colorado when other owners cannot agree?

Detailed Answer When co-owners cannot agree on what to do with jointly inherited property in Colorado, one owner may file a partition action in the district court. Under Colorado Revised Statutes (C.R.S.) § 38-41-101, any tenant in common can request the court to divide or sell the property. If physical division is impractical, the court […]

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How Does a Partition Action Work to Resolve a Dispute Among Multiple Owners? (CO)

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer: Understanding Colorado’s Partition Action Process Under Colorado law, a partition action lets co-owners of real property divide ownership or force a sale when they cannot agree. The process follows Colorado Revised Statutes § 38-41-101 et seq. (Title 38, Property). […]

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How Do Existing Mortgage Obligations Affect the Sale and Division of Proceeds in a Partition in Colorado?

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney licensed in Colorado for guidance on your specific situation. Detailed Answer When co-owners seek to divide real property in Colorado, they may file a partition action under Colorado Revised Statutes (C.R.S.) § 38-30-101 et seq. Existing […]

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