Beach v. Beach

I. Introduction

This case involves a property dispute between a mother and daughter. The mother is the holder of a life estate interest in a 3-room addition to the daughter's house. The daughter holds the remainder interest in the addition, and the mother seeks to partition her life estate interest from the remainder. The court of appeals held that, as a life tenant, the mother has a right to seek parti tion from the daughter's non-concurrent remainder interest pursuant to section 38-28-101, 10 C.R.S. (2002). We reverse. Section 88-28-101 does not abrogate the common law rule that a life…