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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33766
Experience:  15 years real estate, Realtor. Landlord 26 years
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A rough situation here in Colorado. Our daughters live in

Customer Question

A rough situation here in Colorado. Our daughters live in boyfriend died suddenly at home from suspected heart attack. The boyfriend owned the house and our daughter paid half of the mortgage to her boyfriend who paid the mortgage. So no lease or written agreement. Our boyfriends mom who lives in the same town essentially approved having her other son and girlfriend to move into the house. Everybody knows everyone. For our daughter this has been devastating and she still is grieving so badly that it did not go well when the new couple moved into a spare bedroom. The new couple feels they are not being well received which is probably true. Our daughter could not afford to pay the entire mortgage amount. Since there now seems to be friction the mom is asking our daughter to leave at some unspecified point. She is starting to look for new housing which she can afford. How fast can the mom move to force our daughter out if she decides to go that route.
Also there were many things in the house purchased by our daughter or purchased by the couple together. What rights does she have. Also there was a lot of sweat equity put into the house by our daughter as they fixed up the house over the last year. And lastly the boyfriend owed our daughter about $400 for his share of a vacation which she paid for. So how should she balance this all out when she leaves.
Lastly I hope this can all be taken care of in a civil manner with no legal actions taken but we have seen nothing but stupid behavior by the mom. She took the dog that the son purchased but it was intended to be their dog when our daughters 14 year old dog died. She took keys to the house (but there is still a punch number secondary look), she took the post office box keys (but we got them back), she came to a pre thanksgiving dinner at the house with lots of co friends and took me aside to claim one guest there should not be there as she was on heroin and a dealer. I knew nothing about this as a had a converstion with this person and she was totally straight. Other friends sad that was pure bull shit and this person is not a drug person. This was brought up in a meeting last week when the mom asked our daughter that she would at some point have to move out. The mom has sent people into the house ( the boyfriends sister) without permission of our daughter. Again lots of stupid stuff. So what rights does our daughter have. Thanks
Submitted: 14 days ago.
Category: Real Estate Law
Expert:  Barrister replied 14 days ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Do you know if the mother has filed a probate case to settle son's estate and been named executor?

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thanks

Barrister

Customer: replied 14 days ago.
not sure of the exact legal action but the probate administer said some type of quick action was taken and that she is now the owner of the house.
Customer: replied 13 days ago.
Might want to talk tomorrow or Friday. Our daughter is having meetings this afternoon with the mom, brother/girlfriend and two councilors and I don't know how any of this went. Thanks Curt
Expert:  Barrister replied 13 days ago.

How fast can the mom move to force our daughter out if she decides to go that route.

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Ok, if she is the actual owner of the house, or even just the executor, then legally she could evict daughter by giving her a written 7 day notice to vacate and then by filing a formal eviction action in court if she didn't vacate. The eviction will take about 3 weeks, depending on the court's schedule..

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So basically a month.

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As for any personal property that is hers, she obviously gets to keep that and can claim ownership of it. If the mother disputes that claim, this is one of those situations where possession is actually 9/10ths the law.. If mother can't prove that it is her son's, and you are in possession of it, then a judge is going to have a hard time awarding it to mom.

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As for the money, she can submit a creditor claim against his estate, if it is still open, for that money and provide proof that the money is owed to her.

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thanks

Barrister

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