Colorado Q&A by Practice Area

Show More Practice Areas »

Lawyers, Answer Questions  & Get Points Log In
Colorado Questions & Answers
1 Answer | Asked in Real Estate Law for Colorado on
Q: If person (a) owns a home by title and deed but has a mortgage tied to previous owner (b) can (a) sell the house?
Anthony M. Avery
Anthony M. Avery answered on Oct 7, 2021

It would be a sale subject to the existing mortgage lien. And there may be buyers willing to take it subject to the mortage, or even assume personal liability on the mortgage note. However the lender with the secured mortage might not approve of the new owner, and foreclose on the mortgage... Read more »

1 Answer | Asked in Family Law for Colorado on
Q: ls a court summons severed to the wrong person that also does not live here a legal summons?

Saturday afternoon l had a process server come to my door and said do the LaGasse's live here. l said yes. he gave me an envelope and turned around and mentioned my son Joshua's name as he walked away. L don't have very good hearing. lt was a very confusing moment. He did not ask who... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Oct 5, 2021

Service on a family member who lives here is valid. So, IF your son lived there, that would be valid service on him. Since he does not live there, it is not good service. The PROBLEM is that the return of service will state that it was served on a family member who lived with your son. The court... Read more »

1 Answer | Asked in Criminal Law and Small Claims for Colorado on
Q: I just went to trial on on a crimail case and was found guilty by a 6 man jury. Is that correct or is it 12 ?
Patterson S. Weaver III
Patterson S. Weaver III answered on Oct 4, 2021

In Colorado, juries in misdemeanor cases are 6 people. Juries in felony cases get the full 12 jurors. If your case was a misdemeanor case 6 jurors would be the norm.

1 Answer | Asked in Employment Discrimination, Employment Law and Civil Rights for Colorado on
Q: Needing to find a lawyer for wrongful termination, discrimination and retaliation against a company policy. HELP?!

I was just terminated due to violating company policies. Supervison stated I wasn’t following their company credit card policy procedures due to one transaction I had that was over $150,000 when another director(manager) was there during this transaction as well. The policies were never explained... Read more »

Niran Grimberg
Niran Grimberg answered on Oct 3, 2021

A lot more needs to be known regarding your situation in order to assess whether you have any legally actionable claims. I highly recommend you have a free consultation with an employment attorney so see whether you have been discriminated or retaliated against for any unlawful reasons.

1 Answer | Asked in Family Law and Child Custody for Colorado on
Q: How would I go about terminating parental rights?

There is no father listed on the birth certificate. There is no paternity established or being established.

Sabra M. Janko
Sabra M. Janko answered on Sep 30, 2021

You would have to establish paternity first. Then you would have to have a stepparent available to adopt the child, or you would have to have a finding of abuse or neglect on the art of the other parent and a period of time where the parent would be given the opportunity to rehabilitate.

1 Answer | Asked in Employment Law for Colorado on
Q: Can employer change my time card to say i took a longer lunch than I actually did?

My employer says that they have to give us 30 minute lunches no matter what. In the past I have taken a 15 minute unpaid break and gone and clocked back into work. My employer went in after and changed my time card to say that I actually took a 30 minute unpaid meal and said that they have to make... Read more »

Rhiannon Herbert
Rhiannon Herbert answered on Sep 29, 2021

Break times of 30 minutes or more can be unpaid, but this must be an "uninterrupted" break. If you have to work during any portion of the 30 minutes, you must be paid for the time you work. However, your employer can adopt a policy prohibiting employees from working during their lunch... Read more »

1 Answer | Asked in Real Estate Law for Colorado on
Q: Is unpermitted work during a house flip required material fact for disclosure in the sale/purchase process in Denver, CO

I recently bought a house that I have found out does not have permits pulled for any of the flip work that was done and this was not disclosed during the sale process. I am now having multiple problems only a few months later and need to know if unpermitted work is a required material fact needing... Read more »

James A. Greer
James A. Greer answered on Sep 26, 2021

Dear Home Purchaser: Material facts need to be disclosed. And, unpermitted work MAY rise to the level of materiality. However, it depends on the nature, scope and type of unpermitted work. If the problems you are experiencing are directly related to the unpermitted work, and if knowledge that this... Read more »

1 Answer | Asked in Divorce and Real Estate Law for Colorado on
Q: My ex-wife and I still have a home together. Divorced three years, she is still there. I would like to get out now.

I left three years ago and she said she needed to stay until she could qualify for a loan. I have allowed it for three years and never said a word. Now she is dragging her feet and doe snot want to do it. Even though I have offered to help and do all the paperwork, calls and leg work for her.... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Sep 23, 2021

this depends on what you divorce decree says about the house. The court will enforce the terms of the decree. You should get a lawyer to help you with this.

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Colorado on
Q: What do I do if I know my coparent lied on a motion to the court, on a contempt motion against me?

I have a text that says I could watch the kids and he would pick them up at 350pm that afternoon.

John Hyland Barrett III
John Hyland Barrett III answered on Sep 21, 2021

You can present this evidence at the contempt hearing. Depending on what it is, it may or may not help you. You should get a lawyer to help you with this.

1 Answer | Asked in Divorce for Colorado on
Q: I’m currently going through a divorce. I own a home that was purchased during the marriage.

I placed my spouse on the deed however, the mortgage is solely in my name. I have made every payment on the loan myself. We have three children living with me and I’ve been deemed primary custodial parent by temporary orders. He is planning on forcing me to sell the house within 6 months after... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Sep 20, 2021

This house is marital property since it was purchased during the marriage. Also, it is titled jointly. Marital property is to be allocated "equitably', which mans "fairly", not necessarily "equally". The court will probably not care who made the payments, especially if... Read more »

2 Answers | Asked in DUI / DWI for Colorado on
Q: Do I need to tell my employer that I have a DUI?

My contract says that I need to report felony’s and misdemeanors (not including misdemeanors traffic offenses)

Joseph Carter Maher
Joseph Carter Maher answered on Sep 18, 2021

A DUI is considered an “unclassified misdemeanor” in Colorado. DUI offenses in Colorado are not traffic misdemeanor one or two offenses. You should hire an attorney to review your contract closely, and provide a thorough answer. Let’s go

View More Answers

1 Answer | Asked in Car Accidents and Personal Injury for Colorado on
Q: Had a tbone accident 6 months ago. 32 years of age & just started having lower back pain. Can this be a delayed injry

Only had a ct scan on my head and neck at the time of accident. After my neck and shoulder were rehabilitated then the back pain pain kicked in out of no where.

Tim Akpinar
Tim Akpinar answered on Sep 16, 2021

A Colorado attorney could advise best, but your question remains open for a week. That's something requiring a medical opinion, based on the mechanics involved in the accident, earlier diagnosis and treatment, your medical history, and a current medical examination. An attorney couldn't... Read more »

1 Answer | Asked in Real Estate Law for Colorado on
Q: Can the HOA hold us responsible for the incorrect roof color installed by the previous owner?

6 months after taking possession of our new home, the HOA notified us that the color of our roof is in violation of the covenants. The new roof was installed and paid for by the previous owner during the inspection objection / resolution phase of our closing.

Here's the sticky part,... Read more »

Donald C Eby
Donald C Eby answered on Sep 9, 2021

If the variance hearing does not go well you may need to contact an attorney to discuss your options against the seller who installed a roof without HOA approval of the color.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Colorado on
Q: I have entered in a lease to buy option with my landlord and now he does not want to sell after signing contract.

I have been running my business for 2.5yrs now… I called my landlord to notify him that I would like to purchase the building as stated in our lease contract… but he said he does not want to sell… what will I do if he don’t sell it to me? I have paid Rent, property tax and insurance every... Read more »

James A. Greer
James A. Greer answered on Sep 7, 2021

Dear Lessee With Option To Purchase: The best and most urgent advice I can give you is (1) read the lease and understand the manner in which you must "exercise" the Option, then (2) exercise the Option in that manner (normally, with a written notification, sometimes via certified mail).... Read more »

View More Answers

1 Answer | Asked in Family Law, Child Custody and Domestic Violence for Colorado on
Q: Can i file contempt against my ex-wife for disrespectful communication that goes against our parenting plan?

My ex-wife and i have a parenting plan set up from our divorce 2 years ago. The plan specifically states that communication must be respectful, and she has constantly harassed me over the last year and a half. I have attempted to file harassment charges through our local police department, and as... Read more »

Sabra M. Janko
Sabra M. Janko answered on Sep 7, 2021

It really depends on the exact language of the agreement and "disrespectful" is a pretty vague term. You might try Colorado Legal Services for pro bono legal assistance.

1 Answer | Asked in Animal / Dog Law for Colorado on
Q: Is it illegal to abandoned and not pick up a dog after asking someone to temporarily watch the dog?

Roommate accepted watching a dog from someone outside the household. Is days past the time for pick up and they haven't picked up the dog, and unable to get a hold of.

Juliet Piccone
Juliet Piccone answered on Sep 6, 2021

The roommate who agreed to watch the dog is responsible for its care unless he/she transfers it to a local humane society clearly stating all the details of ownership known to them, identifying the owner and disclosing the details about the owner can’t be contacted.

1 Answer | Asked in Animal / Dog Law for Colorado on
Q: Neighbor yelled at me for letting my dog pee on the grass in a public area.

I was waking my dogs around the neighborhood and one peed on the grass. The area is a public area and NOT private property. He suggested I go all the way to the green belt and only let my dogs pee in those bushes. Which seems ridiculous. What are the laws about dogs peeing on grass in public areas?... Read more »

Juliet Piccone
Juliet Piccone answered on Sep 6, 2021

In Littleton CO there is no ordinance pertaining to dog urine specifically, the closest thing I could find is this and I don’t believe it applies:

6-1-1: CONDITIONS AND ACTS PROHIBITED:

B. Annoying Odors: The maintenance on any premises in the City of a dog or other animal in such...
Read more »

1 Answer | Asked in Divorce for Colorado on
Q: I want to make a $5,000 gift to the daughter of my best friend as her separate property wedding gift,BEFORE the wedding

The state is Colorado.

1. What specific language should I use on the check to ensure it is her separate property, e.g. 'Jane Doe as her separate property'?

(Has to fit on the check.)

2. Although I'll be sending the check 3 weeks before the wedding, does it... Read more »

John Hyland Barrett III
John Hyland Barrett III answered on Sep 2, 2021

You do not need any special language. It does not matter when she cashes the check. The key is that she needs to put it into a separate account in her name only. If she puts it in a joint account with her husband, it will be considered marital property in the event of a divorce.

1 Answer | Asked in Immigration Law for Colorado on
Q: related to marital status of beneficiary form I-129 f

Greetings, I need assistance regarding one question on the I-129f form regarding the beneficiary's marital status. Namely, she was in a registered partnership in Austria, and the final dissolution of the partnership was in December 2020. Please assist me on how to answer question regarding... Read more »

Agnes Jury
Agnes Jury answered on Aug 28, 2021

If it is considered a marriage in Austria then the answer should be that she is divorced. She will need to provide a copy of a certified dissolution of the partnership with her application. Best wishes!

1 Answer | Asked in Divorce and Arbitration / Mediation Law for Colorado on
Q: Ex wife won't comply to court order, My motions keep getting denid. I just want my name off the mortgage/ loan. Thanx

She had 2 years to get refinanced and now it 4 months past that. I keep filling motions because it was already meditated, but she won't comply and won't agree to a new mediation. My last motion to go back to the original order has been denied. What can I do ? She's just prolonging... Read more »

Sabra M. Janko
Sabra M. Janko answered on Aug 20, 2021

If she will not comply with a court order, you can move to enforce. I don't know what has been happening in your case with your motions.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.