The easiest way to sever a joint tenancy is by written notice. This is when one owner confirms in writing that they would like to sever the joint tenancy.
Both tenants should separately write a letter asking for the tenant to be removed from the joint tenancy. Each letter should include: The property address. The name of the tenant to be removed.
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).
On the death of any one of the joint tenants, the remaining joint tenants will continue to own the whole property including the interest of the deceased joint tenant. There is no need for probate or any deed conveying the interest of the deceased joint tenant to the remaining joint tenants.
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.
Property in Colorado can only be owned be- tween two or more individuals in joint tenancy or as tenants in common. What if I Want to Add Someone as a Joint Owner on My Asset? Before you change the title or ownership of an asset, under- stand that any such change can cause significant legal and/ or tax consequences.
If you want the title in Joint Tenancy with Rights of Survivorship, you will need a completed Department of Revenue form DR 2395 Joint Tenancy Form signed by all parties. You can find this DR2395 Form online at dmvlorado, or we can provide that Form to you.