Detailed answer — What a partition action is and how to start one in Colorado

Partition is a court process that lets co-owners of real property force a division of the property (partition in kind) or a court-ordered sale (partition by sale) when they cannot agree. In Colorado, partition questions arise most often when owners hold property as tenants in common or when a joint tenancy has been severed and co-owners cannot agree on use, sale, or division.

Who may file?

Any co-owner of real property has standing to file a partition action. That includes tenants in common and, in many situations, former joint tenants after severance. A person who claims an ownership interest (by deed, inheritance, contract, or assignment) may be a plaintiff or a defendant in the case.

Which court hears the case?

Partition actions are typically filed in the district court of the county where the property is located. The court has equity powers to order division or sale and to appoint commissioners or referees to carry out the physical partition or sale.

Basic steps to initiate a partition action in Colorado

1. Try to resolve the matter outside court. Offer a buyout, sell the property together, or use mediation. Courts prefer parties to settle if possible.
2. Collect documents. Prepare a copy of the deed(s) showing ownership, tax records, mortgage and lien information, surveys, leases, and any written agreements among owners.
3. Draft and file a complaint for partition. The complaint should identify the property with a legal description, name all known co-owners and lienholders, state the nature of ownership claimed by each party, and ask the court to partition the property in kind or, if not practical, to order a sale and divide the proceeds.
4. Pay filing fees and file in the appropriate district court. Courts have local filing fees and procedures; check the county court clerk’s website or the Colorado Judicial Branch site for instructions.
5. Serve all defendants and lienholders with process. Proper service gives the court jurisdiction over all parties and lienholders whose interests may affect distribution of proceeds.
6. Attend hearings. The court may hold an initial hearing, order notices to unknown owners or mortgagees, and set further proceedings for valuation, partition in kind, or sale. The court may appoint a commissioner, receiver, or referee to manage sale, levy, or division.
7. Valuation, division, sale, and distribution. If the court orders a sale, it will set terms (often a public sale or brokered sale), pay liens and sale costs from the proceeds, and distribute net proceeds to owners according to their ownership shares. If the court orders partition in kind, the court or a commissioner will reconfigure and divide the property, subject to adjustments so division is fair.

When will the court order sale instead of dividing the land?

The court will favor partition in kind when it is practicable and fair. If division would be impracticable, impossible, or would cause great prejudice to owners (for example, an improved lot where division would unduly damage value or create unusable parcels), the court may order a sale and distribution of proceeds. Colorado courts balance feasibility, fairness, and value preservation when making that decision.

Liens, mortgages, and third‑party claims

Liens and mortgages attach to the property and are normally paid from sale proceeds before owners receive distributions. If a co-owner holds an encumbrance or there are outstanding taxes, the court will typically treat those interests in the distribution order. Claimants such as judgment creditors, mortgagees, or lienholders must be named and served so the court can resolve competing claims.

Buyouts, credits, and contribution

Co-owners often seek buyouts: a co-owner purchases the others’ shares at a court-determined value. The court may allow credits to an owner for mortgage payments, taxes, improvements, or necessary repairs that one co-owner paid on behalf of others, and it may require contribution for shared obligations. The court decides equitable adjustments based on the facts.

Practical timeline and costs

There is no fixed timeline. An uncontested partition may take a few months; contested matters (disputes over valuation, title, lien priority, or whether partition in kind is possible) can take a year or more. Costs include filing fees, service costs, appraisal fees, commissioner or referee fees, sale commissions, and attorney fees. The court may allocate some costs among the parties.

Colorado statutory authority

Partition and related property provisions appear in Colorado law governing property rights and court powers. For the statutes that govern property and related remedies in Colorado, see the Colorado Revised Statutes, Title 38 (Property): https://leg.colorado.gov/statutes/title-38. For specific procedural rules about filings and service, consult the Colorado Rules of Civil Procedure on the Colorado Judicial Branch or the Colorado General Assembly site.

Helpful hints — Practical steps and tips

• Talk first: Offer a buyout or mediations. Court actions are slow and costly; settlement often gets a better result faster.
• Gather documents: deed(s), title report, mortgage and lien statements, property tax bills, surveys, lease agreements, and receipts for improvements or repairs.
• Get an appraisal: A neutral appraisal or broker opinion of value helps set realistic buyout demands or sale expectations.
• Name all parties: Include every person and entity with a recorded interest (mortgagees, judgment lienholders, heirs with recorded claims). Failing to name a necessary party can delay or invalidate part of the distribution.
• Consider provisional relief: If one owner is damaging the property, seeking an injunction or receiver early can protect value while the case proceeds.
• Keep records of payments: Track who paid mortgage installments, taxes, insurance, and improvements. These records matter for credits and contributions the court may order.
• Understand cost allocation: Expect sale costs, fees for a commissioner or receiver, and possible broker commissions to come out of gross sales proceeds before distribution.
• Ask about alternatives available under Colorado law: In some circumstances, an owner may have other remedies (accounting, partition by allotment, or equitable adjustments) depending on the facts.
• Consult a lawyer early: A lawyer can explain local court practice, help draft the complaint correctly, identify necessary parties, and evaluate settlement options or buyouts.