Disclaimer: This article explains the typical process under Colorado law but is not legal advice. Laws change and every situation differs. Consult a licensed Colorado attorney for advice about your case.
Quick answer
If you and your sibling share ownership of your parents’ house and cannot agree on what to do, you can file a partition action in Colorado district court asking the court to divide the property (partition in kind) or order a sale and divide the proceeds (partition by sale). A court can also allow one co-owner to buy out the others’ shares. The process begins with confirming ownership, trying to settle, then filing a complaint for partition in the district court where the property is located. Colorado partition law is found in the Colorado Revised Statutes, Title 38, Article 41 (C.R.S. § 38‑41‑101 et seq.). See Colorado statutes: https://leg.colorado.gov/statutes and the Colorado court rules at the Colorado Judicial Branch: https://www.courts.state.co.us/.
Detailed answer — step by step
1. Confirm who legally owns the house
Get a copy of the deed and a title report. Determine whether the property is held as tenancy in common, joint tenancy with right of survivorship, is inside a trust, or is subject to probate. Only current owners (or those with an interest) are proper parties in a partition case. If the house is still in your parents’ name and they are alive, different rules and potential elder- or probate-related issues apply.
2. Try to resolve the matter without court
Court intervention is costly. Attempt these options first:
- Negotiate a buyout: one sibling pays the market value of the other’s share.
- Use mediation to reach terms on price, timeline, and payment terms.
- Sell the home on the open market by agreement and split proceeds.
3. When settlement fails: prepare to file a partition complaint
If negotiation fails, a co-owner can file a complaint for partition in the Colorado district court in the county where the property lies. The complaint should identify the property, list all owners and interested parties (liens, mortgagees, tenants), and request partition in kind or sale and distribution of proceeds. The filing starts a civil action under Colorado law governing partition (C.R.S. § 38‑41‑101 et seq.). For general statutes, see: https://leg.colorado.gov/statutes.
4. Service and joinder of parties
You must properly serve all co‑owners and any parties with recorded interests (mortgage holders, lienholders). The court will not finalize a partition without jurisdiction over necessary parties.
5. Court process: appraisal, accounting, and possible partition methods
The court usually orders discovery and may require written statements, title searches, and appraisals. Colorado courts favor partition in kind (physically dividing land) when feasible. For residential lots with a single house, partition in kind is often impractical, and the court will order sale. The court can also order an accounting to determine each owner’s share, credits for improvements or payments, and how liens or mortgages will be paid from sale proceeds.
6. Buyout option during litigation
The parties can still agree that one co‑owner will buy out the others at a court‑approved valuation. If no agreement exists, the court’s procedures for sale give co‑owners notice and an opportunity to make offers or purchase the property before a public sale in some circumstances. Ask the court or your attorney about the exact mechanism in your case.
7. Sale and distribution of proceeds
If the court orders sale, it may appoint a commissioner or master to sell the property, often by public auction or supervised sale. The sale pays mortgages, liens, court costs, and statutory costs; remaining proceeds are divided among owners according to their legal shares and any equitable adjustments the court orders.
8. Timeline and costs
Partition actions can take several months to more than a year depending on complexity, title issues, liens, appraisal scheduling, and whether parties contest. Costs include filing fees, service fees, attorney fees, appraisal fees, and costs of sale. If a co‑owner acted unreasonably, a court may shift some costs, but attorney fees are not automatically awarded.
9. Common complications
- Mortgages and liens: these remain on the property and must be paid from sale proceeds.
- Probate, trusts, or guardianship: if ownership is tied up in probate or a trust, use those procedures first or join those proceedings.
- Joint tenancy: a surviving joint tenant may have rights that differ from tenants in common.
- Homestead or exemption claims: may affect ability to sell or distribute proceeds.
Key Colorado statutory authority
Partition actions in Colorado are governed by the Colorado Revised Statutes, Title 38, Article 41 (C.R.S. § 38‑41‑101 et seq.). Look up the statutes and related provisions at the Colorado General Assembly site: https://leg.colorado.gov/statutes. For court procedure and local rules, consult the Colorado Judicial Branch: https://www.courts.state.co.us/.
Helpful hints
- Gather documents first: deed(s), recent mortgage statements, property tax bills, any will or trust documents, and proof of payments for improvements or expenses.
- Get a current market appraisal before offering a buyout. A professional appraisal strengthens your position in settlement talks.
- Try mediation early. Judges often expect parties to attempt alternative dispute resolution before lengthy litigation.
- Notify and identify lienholders. Failing to include mortgagees or lien claimants can delay or void a sale.
- Estimate costs and timeline: ask a Colorado real estate attorney for a local estimate of filing fees, attorney fees, and expected time to resolution.
- Consider tax impact: splitting proceeds or a buyout may create capital gains or other tax consequences. Consult a tax professional.
- If one co‑owner lives in the home, the court may consider occupancy and need when ordering sale or buyout; plan accordingly.
- If the property is in probate or a trust, speak with a probate or trust attorney to determine the correct procedural path.
When to contact an attorney
Talk to a Colorado property or real estate litigator when the parties cannot agree on selling or compensating ownership interests, when title is unclear, or when significant liens, mortgages, or probate issues exist. An attorney can prepare the complaint, handle service and litigation, advise on valuation and settlement offers, and explain local court practices.
Remember: This article provides general information only and does not create an attorney‑client relationship. For advice tailored to your situation, consult a licensed Colorado attorney.