The short answer is no. The facts you have outlined do not demonstrate that your ex-husband intended to surrender all interest in the property. His intent, express or implied, is what is important for the issue of abandonment.
The handling of the jointly owned property should have been addressed in your divorce decree. If the orders are not sufficient to effectuate the disposition of the property, you may need to go back to the divorce court to seek clairification or modification of the orders.
You can reach Harkess & Salter LLC at (303) 531-5380 or info@Harkess-Salter.com. Stephen Harkess is an attorney licensed in the state and federal courts of Colorado. This answer is for general information only and does not create an attorney client relationship between Stephen Harkess or Harkess & Salter LLC and any person. You should schedule a consultation with an attorney to discuss the specifics of your legal issues.
This depends on what was provided in your separation agreement. If there is no provision dealing with this, you may want to request further orders from the court permitting you to reduce the sale price to current market value.
John H. Barrett 728 Pearl St. Boulder Co. 80302 303-443-6924
You may be entitled to credit for the funds you have expended in keeping the house up and for your management, but if this is an important issue to you, contact a family law attorney, schedule a consult, bring your Separation Agreement with you and figure out what your rights are. Good luck to you.
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