Legal Question in Real Estate Law in Colorado
Joint Tenancy Dispute
My ex-wife and I purchased 5 acres in Colorado in 1995 as Joint Tenants. We subsequently divorced in 2000 and thought we had lost the property due to unpaid taxes and foreclosure. My ex-wife has repeatedly declared no interest in the status of the property.
Last year I discovered our trust deed had been released (to my surprise!) and the property belonged to us. However, there were tax liens against the property.
I spoke with my ex about the tax liens and she, again, declared she was not interested. So I took it upon myself to redeem the property and pay all the back taxes (over 3 years worth).
Now that I'd like to sell the property and split the proceeds my ex-wife refuses to sign.
Is there some legal way I can petition the court, or file some document, that might secure title for me that would allow me to sell the property without her signature?
2 Answers from Attorneys
Re: Joint Tenancy Dispute
Evening:
The only way to resolve this (on the assumption that you cannot come to an amicable resolution) is to file an action for partition.
In this action, the court will make the final decision on the disposition of the property and the respective division between the tenants. You need to see an attorney to advise you on the action. Good luck.
Re: Joint Tenancy Dispute
I'd have to assume the Colorado attorney is right, to the extent Colorado law applies - and it certainly would with respect to a partition action. Incidentally, this would also be the solution if the property were in California.
However, there may be another issue. Where was the divorce, and where did you reside when you bought the property? If the answer to either or both questions is California (or maybe Colorado or any other state), the divorce decree and accompanying property settlement MIGHT have some provisions affecting this 5-acre parcel, even if it is a catchall "all other assets" provision.
So, before launching a partition action, review your divorce decree or property settlement to see if it says anything about this asset. If it does, the effect may be to render the partition suit unnecessary, and suggest a quiet title suit instead, or it may be to give one or the other of you more ammunition in a partition suit, i.e., to get a greater share.
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