Legal Question in Real Estate Law in Colorado
Property Rights
My previous live together partner, whom we have been apart and not seen one another for over 4 + years, jointly own land in Colorado. We aquired the land under the same last name(mine). I have since revceived a judgement from a California court (her state of residence) for $25,000 against her for forging my name on a title and stealing a boat. Is there any way I can apply this judgement against her half of the property in CO, and I wish to sell this property and end all dealing, so how can I force the sale and get out of this co-ownership?
3 Answers from Attorneys
Re: Property Rights
You may be able to apply the judgment against her interest in the property. Generally, you would need to domesticate the CA judgment to Colorado and consider a judgment lien. You may then see about filing for partition of the property where the court will make a final accounting and equitable distribution of the value of the property.
I would advise that you try to negotiate with this person to resolve this matter prior to filing for partition. I strongly recommend that you contact Colorado counsel to consider options and strategy. Feel free to email or call if you have questions.
Re: Property Rights
You can "perfect the lien in CO" by filing a certified copy of the Judgment (obtain from CA) in the appropriate registry. Contact the CO clerk for specific requirements to do so. In TX that would be the County Clerk where the property is located, but you can do the leg-work to find out the appropriate procedure (or at least where to look) from a clerk in CO.
Re: Property Rights
You can "perfect the lien in CO" by filing a certified copy of the Judgment (obtain from CA) in the appropriate registry. Contact the CO clerk for specific requirements to do so. In TX that would be the County Clerk where the property is located, but you can do the leg-work to find out the appropriate procedure (or at least where to look) from a clerk in CO.