Legal Question in Real Estate Law in Colorado

Divorce & joint ownership of real estate

My husband and I own a home with my brother and his wife. All four names are on the title. My brother and his wife are divorcing, and his wife wants us to sell the house so she can receiver her portion of the equity. My husband, my brother and I do not want to sell the house, it is a great investment. We do not have a legal agreement written up about this joint ownership. Can we be forced to sell the house because of one person in the joint ownership wanting out?


Asked on 12/05/06, 8:08 am

1 Answer from Attorneys
Richard Gee

Re: Divorce & joint ownership of real estate

From your facts,it does not appear to me that she can force you to sell. I am assuming that you have a tenancy in common interest in the house. While she can't force you to sell the house, she can sell her TIC interest in the house to anyone.

Given that, it may make more sense for either the husband or the three of you to buy her out of her interest.

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Answered on 12/05/06, 8:10 pm


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