Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
Definitely see an attorney. Her investment property is in no danger from this gentleman, but this gentleman in currently 50% owner of her residence and any debt/equity in the residence.
You mentioned she paid off his credit cards, is there any leverage she can use in that to get him to Quit Claim his interest in the residence to her?
I'm not sure what leverage she'd have, or how she would use it. Do you mean legally? I'd guess she'd need records of those payments.
She may be able to get him to Quit Claim all of his interest in the property.
From the Attorney General: The common law elements of a valid marriage are that the couple (1) is free to contract a valid ceremonial marriage, i.e., they are not already married to someone else; (2) holds themselves out as husband and wife; (3) consents to the marriage; (4) cohabits; and (5) has the reputation in the community as being married. The single most important element under common law was the mutual consent of the couple presently to be husband and wife.
In Colorado, deeds are of public record - anyone can go the county website and look up deed info (if online) on the Clerk and Recorder's page to check ownership.
She may be able to get him to Quit Claim all of his interest in the property.
From the Attorney General: The common law elements of a valid marriage are that the couple (1) is free to contract a valid ceremonial marriage, i.e., they are not already married to someone else; (2) holds themselves out as husband and wife; (3) consents to the marriage; (4) cohabits; and (5) has the reputation in the community as being married. The single most important element under common law was the mutual consent of the couple presently to be husband and wife.
In Colorado, deeds are of public record - anyone can go the county website and look up deed info (if online) on the Clerk and Recorder's page to check ownership.
She may be able to get him to Quit Claim all of his interest in the property.
From the Attorney General: The common law elements of a valid marriage are that the couple (1) is free to contract a valid ceremonial marriage, i.e., they are not already married to someone else; (2) holds themselves out as husband and wife; (3) consents to the marriage; (4) cohabits; and (5) has the reputation in the community as being married. The single most important element under common law was the mutual consent of the couple presently to be husband and wife.
In Colorado, deeds are of public record - anyone can go the county website and look up deed info (if online) on the Clerk and Recorder's page to check ownership.
I am trying to see what this has to do with it. The couple is clearly not married, common law or otherwise. You do not have to be married to own property together with someone else. The point is that the woman in this relationship made a gift of 50% ownership of a property to her partner of the moment. I assume the 50% because she obviously was not careful and if you just generally add someone, it tends to be 50% unless otherwise noted. No info is given here on how exactly the title is held i.e. in common or JTWROS, or some other way.
The point here is, hope the man is agreeable to signing away his interest with a Quit Claim or be prepared to file a partition action which is a very expensive and lengthy process.
You didn't specifically mention whether your mother is married to the fellow, which will make a difference in the situation. Divorce law does have some bearing on the distribution of assets.
Also, the specific deed language will dictate his share of the property. If the deed is a JTWROS (Joint Tenants with Rights of Survivorship) deed, that means that each person on the deed is entitled to an equal share of the property during a sale or a real estate partition and no credit would be given for any excess that a co-owner may have contributed to the purchaes price. If the deed is a TIC (Tenants in Common), then shares could be adjusted to reflect contributions to purchase price.
A study of the deed language and a visit to a real estate attorney are in order asap.
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.
Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
