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Colorado Renunciation And Disclaimer of Joint Tenant or Tenancy Interest - Colorado 2025

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The document is a legal form for the renunciation and disclaimer of joint tenant interest in property following the death of a decedent. It allows the surviving joint tenant to formally refuse any rights or interests in the property that would have devolved to them due to the decedent's death, stating that the property will pass to others as if the survivor had predeceased the decedent. The disclaimer must be filed within nine months of the decedent's death and is irrevocable.

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How to file a partition action in Colorado?

Petition for Partition: To initiate a partition action, one or more co-owners must file a petition with the appropriate Colorado court. The petition outlines the nature of the co-ownership, the reasons for seeking partition, and the desired relief (either division or sale of the property).

What is the joint tenancy law in Colorado?

Two or more individuals can own assets together in joint tenancy. In joint tenancy, each owner has an equal and undivided interest in the property. Most importantly, a joint tenancy creates a right of survivorship, which means that when one owner dies, his or her interest passes to the surviv- ing joint owner(s).

Can you disclaim jointly held property?

Thus, a surviving joint tenant may disclaim the one-half survivorship interest in property that the joint tenant held either in joint tenancy with right of survivorship or in tenancy by the entirety, within 9 months of the death of the first joint tenant to die.

How do I get out of a joint tenancy?

If your fixed term joint tenancy has a break clause you have to get all the tenants to agree to end the tenancy, unless your agreement says otherwise. If you have a periodic joint tenancy you can give notice to end your tenancy without the agreement of the other tenants - unless your tenancy agreement says otherwise.

How do I sever a joint tenancy in Colorado?

Except as provided in sections 38-35-118 and 38-41-202 (4), a joint tenant may sever the joint tenancy between himself or herself and all remaining joint tenants by unilaterally executing and recording an instrument conveying his or her interest in real property to himself or herself as a tenant in common.

Can you sever a joint tenancy?

It is possible to sever or break a joint tenancy. Severing a joint tenancy means that you are changing from joint tenants to tenants in common. This means that you and the other owner will go from owning all of the property together, to owning specific shares of the property.

What is the disclaimer statute in Colorado?

(1) A person may disclaim, in whole or in part, any interest in or power over property, including a power of appointment. A person may disclaim the interest or power even if its creator imposed a spendthrift provision or similar restriction on transfer or a restriction or limitation on the right to disclaim.

Can a lease sever a joint tenancy?

Generally entry into a lease is not considered to be a transfer of an interest such that it causes a severance of a joint tenancy. The impact is similar to the effects of the grant of a mortgage in a lien theory jurisdiction.

Colorado Renunciation And Disclaimer of Joint Tenant or Tenancy Interest - Colorado 2025

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