Estate Law Questions? Ask an Estate Lawyer.
Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.
Your daughter here would need to file a suit to quiet title to seek to be awarded clear title.Your daughter maybe able to prevail and have the property placed in her name in the court orders.The orders here give her the clear title. at that point she can sell it or keep it or do anything she wants to do with it.
She will need a Colorado lawyer to file such a suit and seek to be named the sole legal owner.This is the legal means to settle this dispute of deeds and seek to be the owner.
ursuant to C.R.C.P. 105, Colorado courts are broadly empowered to consider all claims affecting or concerning real property:
“An action may be brought for the purpose of obtaining a complete adjudication of the rights of all parties thereto, with respect to any real property and for damages, if any, for the withholding of possession.”
Rule 105 proceedings “should completely adjudicate the rights of all parties to the action claiming interests in the property” and “address all competing claims of the parties.” Keith v. Kinney, 961 P.2d 516, 518-19 (Colo. App. 1997). “Quiet title actions are intended to grant full relief to the party asserting an interest in the property and, if that interest is based upon a theory of reformation, such a claim must be raised.” Argus Real Estate, Inc. v. E-470 Pub. Highway Auth., 109 P.3d 604, 609 (Colo. 2005). After filing the lawsuit, counsel for the plaintiff will generally record a notice of lis pendens with the clerk and recorder of the county in which the property is located. The notice of lis pendens effectively makes title to the property unmarketable during the pendency of the lawsuit.
I appreciate the chance to help you tonight.Thanks again.
Let me know if you have more follow up here, it is not a problem.
Lawyer referral for her to file quiet title.
The title is clouded it appears multiple parties have a piece of it.Until there is a suit to quiet title all she could do is sell a partial interest and quit claim it to somebody.If title company cannot tell here you are in clouded title situation until it is resolved here.
Thanks for the follow up.
If you can positive rate when we are done it is always much appreciated.