Experienced Representation In Colorado Real Estate Transactions
Owning real property – a home, a business or another real estate – is part of the American dream. It is both a source of pride and an important source of wealth/equity. At Pickard Law, P.C., our attorneys have considerable experience in all aspects of real estate transactions, whether buying or selling a home, commercial properties, partitions and property disputes as well. At every step, we will ensure that your rights and interests are protected to the full extent of the law.
Our Real Estate Services
We frequently assist client with real estate matters, including to:
- Buy-sell agreements
- Examining titles and curing defects
- Commercial leases
- Purchase agreements
- Landlord/tenant issues
- Disputes with realtors, brokers and title companies
Real estate matters can vary greatly in complexity, and our firm will never recommend a higher level of service than you need. After a consultation, we will identify viable options to resolve your situation and advise on the merits of each.
Real Estate Partitions: Who Can Petition The Court, And Which Parties Must Be Involved
When ownership is disputed in any way, it is critical to seek court intervention with the help of an attorney. Our attorneys have particular experience representing clients in partition actions and other real estate disputes. We are ready to help you assert your ownership rights and equity stake in a litigated dispute over real property.
If numerous parties co-own real property or ownership is disputed, any one of those parties can pursue a partition action, asking a court to determine who owns the property and/or how it should be dealt with.
It is important to note that courts will typically refuse to issue a final judgment until all parties with an interest in the property have become a party to the lawsuit. This includes self-proclaimed owners as well as lenders. Even if you weren’t the party to initially file the partition action, it is wise to retain an attorney to represent your interests in the dispute.
The Two Basic Options: Divide The Property Or Order A Sale
Assuming that all parties to the lawsuit can make a valid claim for partial ownership of the property, court-appointed commissioners have two basic options for resolving the dispute. If the property can be divided up and apportioned to each party, commissioners will generally do this.
If the property cannot be divided up (because it contains a single-family residence, for instance), the commissioners will need to sell the property in a public sale and split the proceeds among owners. A sale can also be requested by the putative owners.
How Our Firm Can Help You
Resolutions to partition actions are rarely as simple as an equal split of real property or assets from the sale of that real property. The property or proceeds must be divided equitably according to each party’s ownership interest.
Our attorneys will begin by helping demonstrate that you have an ownership stake in the property. After that, we will present additional evidence and arguments for why you deserve more than an equal share of the real property or proceeds from a sale. This evidence may include your contribution to the property’s:
- Maintenance costs or labor
- Renovation costs or labor
- Increase in value as the result of maintenance and renovations
- Any additional payments of property-related expenses
Our attorneys will help you locate or create necessary documentation and records to demonstrate your ownership of and contributions to the real property.
Discuss Your Options With A Knowledgeable Real Estate Attorney
With an office in Littleton, Pickard Law, P.C., serves clients throughout the Denver metro area and beyond. If you need assistance in a real estate transaction or other matter, our skilled attorneys can help you find a solution. To schedule an initial consultation, send us an email or call 303-647-1453.