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Mann v. Bradley

Colorado Supreme Court

535 P.2d 213 (1975)

Relevant factsFree

Betty and Aaron Mann (defendant) purchased a home as joint tenants during their marriage; their divorce settlement provided the house would be sold and proceeds equally split upon Betty's death, their youngest child turning 21, or their mutual agreement to sell. After Betty died, Aaron claimed sole ownership as the joint tenancy's surviving tenant, but the executor of Betty's estate (plaintiff) sued to quiet title; the district court found the settlement had converted the joint tenancy into a tenancy in common, awarding the children an undivided half interest, and the appellate court affirmed.

IssueFree

Whether, under Colorado law, entry into an agreement evidencing joint tenants' intent to dispose of real property as tenants in common is an act sufficient to terminate the joint tenancy.

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