Legal Question in Real Estate Law in Colorado

Re: tenants in common

You don't say whether a lawsuit has been filed against you, but your question suggests that a suit either has been filed or is threatened.

Without more facts, it's impossible to assess the validity or chance of success of any suit for this purpose. Normally, the way one co-owner unwinds a co-ownership of real property is to sue the other owner(s) for "partition," which nowadays usually means a court order requiring the property to be sold and the net proceeds divided fairly; a part of the partition lawsuit proceedings is determination of what division is fair.

Normally, any co-owner has the right to require a partition. However, the right to partition co-owned property is not absolute; it can be waived either by express agreement or by implication.

I would suspect that most time-share agreements, deeds, etc. contain waiver provisions, since in most cases actions to partition time-sharing arrangements (alhough they are a form of co-ownership) would create chaos among the owners.

It is also possible that a time-share estate in real property is inherently not subject to partition. I did some research, but did not find a single case on this subject.

The fact that your 99% co-owner is seeking attorney fees suggests that you are being sued for breach of a contract containing an attorney fee clause. Read your contract and see if (a) you feel you are in breach, (b) it has a waiver of the right to partition, (c) it contains an attorney-fee clause.

If you are served with a summons and complaint, be sure to file a timely answer to avoid default.

Re: tenants in common

The Court can remove you as an owner by a partition action. You should be paid for your equitable interest in the property. Unless an agreement exists that contains an attorney fee provision or set forth in any written agreement you might have with the other side, you should

not have to pay attorney fees for the other party.

Re: tenants in common

In order to answer this question with any certainty, it would be necessary to review the court pleadings and all documents that make up the agreement for the time share. There are circumstances where the 99% interest owner might prevail�particularly where he might be claiming breach of contract--but without knowing more, I could not say for certain whether this is true in your case. There are number of critical procedural deadlines and requirements in any district court case that must be strictly followed�and missing these can result in your losing the case on a technicality. It would be advisable for you schedule an appointment with an attorney to review the court papers and time share documents as soon as possible.