Can I force a sale of inherited land in Colorado when some siblings refuse?
This FAQ explains how a partition-for-sale action works in Colorado, what steps to take, and what to expect if a minority of co-owners refuse to sell.
Detailed Answer — How partition-for-sale works under Colorado law
When two or more people own real property together (usually as tenants in common after an inheritance), any co-owner may ask a court to divide the property. If the court finds a fair physical division (a partition in kind) is not practical, it can order a sale of the property and divide the net proceeds among the owners according to their ownership shares. In Colorado, partition actions are governed by the statutes and civil procedures that apply to property disputes. See Colorado Revised Statutes, Title 38 (Property) for statutory guidance (search or view Title 38 at the Colorado General Assembly website: https://leg.colorado.gov/sites/default/files/2019a_statutes_title_38.pdf).
Who can file?
Any person with a legal interest in the real property (an owner of record) may file a partition petition in the district court for the county where the land is located. If there are mortgages, liens, or other recorded interests, those parties should be named in the case so the court can resolve their entitlement to proceeds.
Typical steps in a Colorado partition-for-sale action
- Confirm ownership and title. Collect deeds, wills, probate orders or affidavits that show who holds title and each person’s fractional share.
- Attempt to negotiate first. Courts prefer parties attempt agreement. Offer a buyout, mediation, or use a neutral appraiser to set value. A written demand to purchase or sell can be useful evidence in court.
- File a partition petition in district court. Prepare a petition (complaint) that states who the owners are, describes the property, and requests partition. Name all co-owners and known lien-holders.
- Serve the co-owners and lienholders. Proper service is required so everyone gets notice and a chance to respond.
- Court evaluation and determination. The court may order an appraisal or appoint commissioners to try to accomplish a partition in kind (physical division). If a fair in-kind division is impractical — because the property is a single house, small parcel, or would impair value — the court may order a sale.
- Sale and distribution. If the court orders sale, it typically directs how the property is sold (public auction, real estate sale by broker, or court-directed sale). After paying liens, costs, and court-ordered expenses, the net proceeds are divided according to owners’ shares.
What the refusing minority can and cannot do
A minority co-owner cannot permanently block a partition suit. The court has authority to divide or sell despite objections. However, objecting owners can:
- Ask for a partition in kind instead of sale.
- File claims for credits (for example, if one co-owner paid mortgage, taxes, or made improvements).
- Attempt to buy out other owners’ interests on court-ordered terms.
- Raise defenses or procedural objections if proper notice or title issues exist.
Costs, timeline, and practical considerations
Partition actions involve court filing fees, service costs, appraisal fees, possible commission fees, attorney fees (if you hire counsel), and potential real estate broker commissions if the court orders a conventional sale. The timeline varies by county and case complexity. Simple uncontested partitions can resolve in a few months; contested matters with appraisals, hearings, and appeals can take a year or more.
Alternatives to litigation
- Mediation or facilitated negotiation among siblings.
- One or more co-owners buying out others at an agreed value.
- Agreeing to continue joint ownership with a formal operating agreement addressing expenses, use, and eventual sale.
For filing forms, procedures, and local rules, check the Colorado Judicial Branch website: https://www.courts.state.co.us/. Your county clerk and treasurer also maintain deed and lien records that you will need to review.
Helpful Hints
- Gather documents first: deed(s), probate orders, death certificates, mortgage statements, tax bills, and insurance records.
- Get a professional appraisal early to set realistic expectations about market value.
- Document payments: keep proof of who paid taxes, mortgages, insurance, utilities, or made repairs. Courts may credit such payments against a co-owner’s share.
- Try mediation before filing. A mediator can often produce a buyout or sale agreement that saves costs and time.
- Name all lienholders in the petition so the court can determine priority and how proceeds should be applied.
- Expect the court to consider whether a partition in kind is feasible before ordering a sale; be prepared to explain why it is or is not.
- Consult local rules and court clerks for filing requirements and fees in the county where the property sits.