Legal Question in Real Estate Law in Colorado

joint tenancy dispute

My ex and I are joint tenants on 87acres of rural property that includes an equestrian facility.Our same-sex partnership ended 4 years ago.She left to for 6mo then took a job in another state.In her absence I have remained on the property and maintained both the property and the livestock as well as continued to develop/improve it. The property was vacant land at the time it was purchased. My ex obtained a loan in her name (from her family's bank, not a mortgage) to buy the property. I had the skills to help design and build the facility. Our informal agreeement was that I would put in the sweat equity and she would provide the finances.Since we broke up she continues to pay off the loan and I have continued to maintain the property and live there despite the limited employment opportunities in the area.I attempted to create a formula that would allow her to buy me out.She rejected these ideas repeatedly and has refused to consider any offers for me to buy her out.Now I have been notified thru her lawyer that my allocation of the property (according to them)is 2.5% of the value which they have appraised far below fair market value.They are also insisting that I must vacate the property within 30 days.What are my rights?


Asked on 3/16/06, 10:38 am

1 Answer from Attorneys
Robert Murillo Pivotal Legal Ltd.

Re: joint tenancy dispute

Good morning,

Sorry to hear about your problems. If I understand correctly, this agreement on the tenancy in common was informal (not written) and, moreover, you had no written partnership agreement.

First question: is the title to the property in both your names as tenants in common currently? As a legal matter, regardless of this issue, I would argue that you two formed a joint venture regarding this property and this joint venture property is held as tenants in common.

In absence of an agreement, neither tenant has a right to receive pay for their service and maintenance of the property.

Now to the real issue and this claim of your rather paltry percentage of the property at issue and demand to vacate. Provided you do have a claim in tenancy (which seems likely here), they cannot just arbitrarily assign you an interest, much less demand that you vacate.

The only way to terminate the tenancy in common is by a partition sale or an agreement. Partition requires service of process and a full adjudication of your rights. If you cannot come to some agreement DO NOT just leave the property at issue. You have a right to a full hearing on the matter. More than likely, the parties will come to some arrangement prior to a full hearing on the merits.

I would strongly advise that you speak with an attorney immediately because they are trying to ram these claims and you have rights. Feel free to email or call if you have questions. Regardless if you decide to contact me, get an attorney immediately. Good luck.

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Answered on 3/16/06, 11:20 am


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