Mann v. Bradley

188 Colo. 392, 535 P.2d 213 (1975)

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Nature of the Case

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Facts

Betty and Aaron Mann acquired a residence during their marriage as joint tenants. The parties divorced, and Betty continued to live in the residence with the couple's children. The separation agreement provided that the property was to be sold and the proceeds divided between the couple if Betty remarried; the couple's youngest child turned 21, or the parties mutually agreed to sell. A year after the divorce, and without any of the above conditions occurring, Betty died. Aaron (D) informed his children that, because of his right of survivorship arising from the joint tenancy with Betty, he now owned the residence. The children and Betty's estate (P) sued to quiet title, arguing that the divorce and property settlement converted the joint tenancy into a tenancy in common and that P, as Betty's heirs, owned a one-half interest in the property. The district court found for P and was affirmed by the court of appeals. D appeals, arguing that the separation agreement demonstrates a clear intent that the joint tenancy not be converted into a tenancy in common unless one of the three events stated in the separation agreement occurred.