Can you force the sale of an inherited parcel when a co-owner refuses to list it?

Disclaimer: This is general information, not legal advice. I am not a lawyer. For help with a specific situation, consult a Colorado attorney.

Detailed answer — how this works under Colorado law

When two or more people hold legal title to the same real property (for example, siblings who inherited land), each co-owner has a legal right to either possess the whole property or to force a division of the ownership interest. If a co-owner refuses to list or sell an inherited parcel, Colorado law allows the other co-owner(s) to ask a court to divide the property or order a sale. This remedy is called a partition action.

Legal basis

Partition proceedings are civil actions you file in Colorado district court. The Colorado Revised Statutes and Colorado court rules govern civil actions and remedies; you can review the Revised Statutes on the Colorado General Assembly website: Colorado Revised Statutes. Colorado courts also publish forms and procedural information at Colorado Judicial Branch.

Partition types: in kind vs. by sale

A court typically chooses between two remedies:

Partition in kind. The court divides the land physically so each co-owner receives a separate portion. This only works when the land can be fairly and practically divided.
Partition by sale. The court orders the property sold and divides the sale proceeds among the co-owners according to their ownership shares. Courts often order a sale when in-kind division is impractical or would reduce value.

How to force a sale — step by step

Confirm ownership and title. Get a copy of the deed(s), the decedent’s will or probate documents (if the property is still in probate), mortgage and tax records, and any agreements among co-owners.
Try negotiation or mediation first. Before filing suit, send a written demand to the co-owner proposing sale, buyout, or mediation. Courts often expect parties to try to resolve disputes before litigation.
Consider a buyout offer. Offer to purchase the other co-owner’s share at a fair market value, or propose they buy you out. If they accept, you avoid court costs and delays.
File a partition action in district court. If negotiation fails, file a complaint for partition naming all owners and any parties with liens or interests. Serve the co-owner(s) and give notice to lienholders and parties in interest.
Court investigation and possible appointment of commissioners. The court may appoint commissioners (surveyors or real estate professionals) to evaluate the property and recommend whether division in kind is feasible or whether sale is appropriate.
Evidence and hearing. Present evidence about title, value, improvements, liens, and each party’s contributions. The court decides whether to divide the property or order a sale and how to allocate proceeds (including reimbursements for mortgages, taxes, liens, and equitable claims).
Sale or division. If the court orders sale, it will set terms and may authorize an auction or private sale under court supervision. After sale, the court directs distribution of net proceeds according to ownership percentages and allowed credits.

Probate and inheritance considerations

If the real property is still titled in a deceased person’s name and not yet distributed through probate, you must address the probate estate before or while pursuing partition. The personal representative of the estate may control sale or conveyance of estate property. If title already transferred to heirs, a partition action proceeds against those co-owners.

What the court considers

Courts weigh practical and equitable factors, including:

Whether a fair physical division is practicable without destroying land value.
Each party’s ownership share (for example, equal shares among heirs).
Mortgages, liens, taxes, and costs of sale or division.
Improvements and payments made by any co-owner that may justify reimbursement.
Any agreements between co-owners about management, sale, or buyout.

Costs, timeline, and risks

Partition litigation can take months to years, depending on complexity, title issues, probate, and appeals. Expect court filing fees, service costs, appraisal and commission fees, and attorney fees. If the property’s net value is modest, litigation costs may outweigh net proceeds. Courts may award costs or attorneys’ fees in certain equitable circumstances, but there is no guarantee.

Common alternatives to a forced sale

Negotiate a voluntary sale through a realtor with agreed terms or split commissions.
Agree on a buyout: one co-owner purchases the other’s share based on a valuation.
Use mediation to reach a compromise on sale timing, price, or division.

Helpful Hints

Gather records early: deeds, mortgage statements, tax bills, insurance, wills, probate case numbers, and any written agreements among heirs or co-owners.
Check whether the property is still in probate. If it is, speak to the personal representative about sale or distribution before filing a partition action.
Get a professional appraisal before making or rejecting buyout offers. A reliable valuation strengthens negotiation and court filings.
Consider mediation. Courts and judges often favor settlement and may require or encourage mediation before trial.
Think about costs. If litigation costs may exceed the likely net proceeds, explore private sale or buyout options first.
Document contributions. Keep records if you paid mortgage, taxes, utilities, or made improvements — the court may credit these expenses when distributing proceeds.
Watch for liens and encumbrances. A mortgage or mechanic’s lien can affect whether a court will order a sale and how sale proceeds will be distributed.
Hire a Colorado real estate or civil litigation attorney. Partition actions involve property law, title issues, and procedural rules. An attorney can evaluate whether partition is the best option and handle filings, service, and court hearings.

Where to look for more information

Start with the Colorado Revised Statutes and the Colorado Judicial Branch website for forms and local court information:

If you decide to proceed, consult a Colorado attorney who handles real estate and probate matters to discuss the facts, evaluate costs, and prepare or respond to a partition action.