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Co- Owenrship and Inheritance: Navigating Tenants in Common Risks
Dated: February 17 2026
Views: 166
In Colorado, if you own a house as tenants in common (TIC) and your partner passes away, their share of the property is transferred to their heirs through a will or intestacy rather than automatically passing to you. This transition makes you and the heirs co-owners, and because no right of survivorship applies in a TIC arrangement, any co-owner has the legal right to file a partition action in district court. Since residential homes are typically indivisible, the court must generally grant this request, appointing a commissioner to oversee a forced sale so that the heirs can receive their share of the proceeds as liquidity.
To protect yourself in this situation, you may be able to negotiate a buyout during court-ordered mediation or argue for a larger share of the proceeds by proving unequal financial contributions to the property. A prior TIC agreement can also be used to establish specific buyout terms or place limitations on the right to partition. However, to completely avoid the risk of heirs forcing a sale, the sources suggest utilizing joint tenancy with survivorship or a trust, which ensures the property interest passes automatically to the surviving partner instead of the deceased's heirs.
For more information on this topic, reach out to us. We have many resources, including references for Estate Attoenys who can wal you throught the risks or benefits to you of taking title to a proeprty as Tennant in Commons
Laura Owen
Laura Owen, REALTOR® with RE/MAX Momentum, is a lifelong Front Range resident who combines local knowledge with over 20 years in the real estate industry, including 11 years as a licensed REALTOR®. ....
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