Mann v.

Bradley

188 Colo. 392

1975 Colo. Lexis 679

Facts: Betty Mann and Aaron Mann acquired in 1954 a family residence in joint tenancy. They divorced
in 1971. The divorce agreement provided that the family residence should be sold and that the proceeds
equally divided b/w them upon the occurrence of: (1) the remarriage of Mrs. Mann; (2) when the
youngest child of the couple attains the age of 21; or (3) the mutual agreement of the parties to sell. Betty
continued to live in the home until her death in October of 1972 at which point the husband, Aaron
informed his children that the family residence now belonged to him by virtue of the right of survivorship
in the joint tenancy with their mother.

Procedural History: Action by the children and administratrix of estate of divorced wife against
husband, seeking to quiet title in plaintiffs to interest in the property. Trial court granted judgment for
Ps. D appeals.

Issue: Whether the divorce agreement changed the joint tenancy to a tenancy in common

Holding: Affirmed

Reasoning: That the property agreement at time of divorce clearly showed that the parties intended for
the joint tenancy to convert to a tenancy in common, and as such the husband could not lay claim to
property through a joint tenancy claim. At the time of death, the wifes interest transferred to the children,
and they now hold a interest in the family home.

RULE: