Sometimes when two or more parties are contributing to the mortgage payment for a property over many years, a dispute arises when it is time to sell. How the property is titled on the deed doesn’t necessarily define a person’s ownership interest in a property. Sometimes, a person may own part of property even though he or she is not on the title (‘equitable liens”). Other times, one person may have contributed substantially more to the purchase price than other owners. At Staggs Morris, we can help you sort this out to your benefit.
What happens when two or more people own a piece of property but they cannot agree over a decision to sell it? A court can either physically divide the property (usually raw land) or can order the sale of property that cannot be divided (a single family home). We can successfully force the sale of the property and help a court determine a fair division of the proceeds of sale.
Staggs Morris can review your real estate buy/sell agreement and your closing documents to make sure you’re protected when purchasing or selling real property.
Ingress and egress to property is an important legal right. When your rights are in question, we can help. Also, disputes over land surveys or ownership by adverse possession often arise. If you have openly controlled a piece of real property to the exclusion of all others for 18 years (adverse possession), we may be able to get title for you. Likewise, if you are being sued for ownership under such circumstances, we’ll find a way to defend your rights.
If competing interests in real property are based on title defects, we can clear title to your property and get a court order making your property insurable. If you obtained title by paying taxes and you received a Treasurer’s Deed, we can litigate your claim to clear title so that the property can be sold or the title insured.
Adverse possession is the legal concept of ownership by exclusive possession. In Colorado, if you have held a property exclusively, openly, to the detriment of the rights of the owner of record, you may be able to claim title to the property after 18 years. Establishing marketable title requires a lawsuit and a court decree quieting title in your name.