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Chapter 22 - § 22.5 • PARTITION
Jurisdiction | Colorado |
Sometimes the abuser commingles the victim's assets with the assets of the abuser. Partition may be the appropriate action to be filed by the victim. To recover the victim's assets, the attorney may seek a court order determining each party's share of the assets and restoring the assets to each party.89 Governed by statute, partition applies not only to real estate, but to personal property as well. Consequently, the court may grant complete relief to the parties.90
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Notes:
[89] The method for determining the shares of the parties is set forth in Martinez v. Martinez, 638 P.2d 834 (Colo. App. 1981).
[90] C.R.S. §§ 38-28-101, et seq.
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- Chapter 22 Financial Exploitation of Elders
- Chapter 22 - CHAPTER 22 FINANCIAL EXPLOITATION OF ELDERS
- Chapter 22 - § 22.1 • INTRODUCTION
- Chapter 22 - § 22.2 • CRISIS INTERVENTION: DAMAGE CONTROL
- Chapter 22 - § 22.3 • FIDUCIARY MISCONDUCT
- Chapter 22 - § 22.4 • THEORIES OF FIDUCIARY LIABILITY AND RECOVERY
- Chapter 22 - § 22.5 • PARTITION
- Chapter 22 - § 22.6 • DEFENSE OF CONTRACT CLAIMS
- Chapter 22 - § 22.7 • STATE REPORTING PROGRAMS AND CRIMINAL SANCTIONS FOR FINANCIAL EXPLOITATION
- Chapter 22 - § 22.8 • IDENTITY THEFT AND ELDERS
- Chapter 22 - § 22.9 • CONCLUSION
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