Detailed answer — how partition actions work in Colorado and what you must do

When a co-owner wants to end shared ownership of real estate, Colorado courts allow a partition action. A partition action asks the court to divide the property physically (partition in kind) or to order a sale and divide the sale proceeds among owners (partition by sale). If your father died and you now share ownership of the house with other people (co-heirs, co-executors, or co-owners), a partition action can be a way to force a sale if the owners cannot agree.

Step 1 — Confirm ownership and how title passed at death

• Locate the deed and check how title is held: sole ownership, joint tenancy with right of survivorship, or tenants in common. If the deed listed your father and another person as joint tenants with right of survivorship, the surviving joint tenant usually becomes sole owner automatically and a partition is not available against that new sole owner.
• If the deed listed your father alone, the property likely passed to heirs through probate or by operation of another instrument (trust, beneficiary deed). If the estate is still in probate, the personal representative (executor) normally can sell estate property without a partition.
• If title is held as tenants in common (or ownership was split among heirs), any co-owner may file a partition action to seek a sale.

Step 2 — Who can bring a partition action

Any person who has a legal or equitable interest in Colorado real property may file for partition against co-owners. That includes heirs who inherited an interest, beneficiaries who received an ownership interest, or current record owners. The complaint must name all co-owners and persons with recorded interests so the court can resolve everyone’s rights.

Step 3 — Where and how to file

• File a partition action in Colorado district court in the county where the property is located. The court has the authority to divide or order sale of property within its jurisdiction.
• The complaint typically states your ownership interest, the identity of all other owners and lienholders, asks the court to partition the property (in kind or by sale), and asks the court to appoint a commissioner/referee to carry out the division or sale.
• You must serve the complaint on all co-owners and recorded lienholders (mortgagees, judgment creditors). Failure to include all interested parties can delay or invalidate the proceeding.

Step 4 — What happens after filing

1. Answer and preliminary matters: Co-owners may respond, assert defenses, or claim liens or offsets. The court will determine whether partition in kind is feasible. If physical division is not practicable or fair, the court usually orders sale and equalizes interests through proceeds.
2. Appointment of a commissioner/referee or master: The court often appoints an officer to oversee valuation, sale, and distribution. That person may order appraisal(s), handle marketing, and conduct the sale (often by public auction or brokered sale subject to court approval).
3. Address liens, mortgages, and costs: Outstanding mortgages and recorded liens generally must be paid from sale proceeds before owners receive their shares. The court also may allocate sale costs, fees, and commissions, and sometimes attorney fees and costs under applicable rules.
4. Distribution of proceeds: After payment of taxes, mortgage(s), liens, commissions, costs, and liens priority disputes, the net proceeds get divided according to each owner’s legal interest.

Special probate considerations when the decedent owned the property

If the house is still part of your father’s probate estate, the personal representative can often sell estate property under probate procedures without a partition action if the representative obtains court approval. If the estate distributed the property to multiple heirs and the heirs are now co-owners, a partition action becomes the typical route to force a sale among co-owners.

Practical timeline and costs

A partition action’s length varies with complexity: simple, uncontested matters may resolve in a few months; contested cases (title disputes, lien priority issues, valuation fights) can take a year or more. Costs include filing fees, appraisal fees, commissioner fees, advertising, sales commissions, and attorneys’ fees. The court may order unsuccessful parties to pay some fees in certain circumstances.

Alternatives to filing a partition action

• Negotiate a voluntary sale and split proceeds.
• One owner buys out the others using a professional appraisal to set price.
• Mediation or settlement to allocate cash or other assets instead of selling the property.
• If the property is in probate, ask the personal representative to sell the property with court approval.

Where to find Colorado statutes and court information

Colorado statutory and court procedure resources are available from the state legislature and the Colorado Judicial Branch. For the text of Colorado statutes and for probate and civil procedure resources, see:

• Colorado Revised Statutes (searchable)
• Colorado Judicial Branch (court forms, self-help and local court information)

Helpful Hints — practical checklist before you file a partition action

1. Gather documents: deed(s), death certificate, will or trust documents (if any), probate filings, mortgage statements, property tax records, and any written agreements among owners.
2. Confirm ownership type: Determine whether title passed automatically (joint tenancy) or requires probate. If title passed to heirs and multiple owners now hold the property, partition is an option.
3. Identify all parties: Make a careful title search to find all recorded owners and lienholders. Missing a party can delay the case.
4. Get a professional appraisal: A current market appraisal helps determine fair division values or a buyout amount and helps the court set fair sale reserve or approval prices.
5. Consider alternatives first: Attempt mediation or a negotiated sale—courts favor parties settling without litigation when possible.
6. Know lien priority: Mortgages and tax liens take priority and must be paid from sale proceeds in most cases. Confirm payoff amounts early.
7. Hire an attorney if contested: Partition actions can involve complex title, probate, and lien issues. A Colorado real property litigator or probate attorney can draft pleadings, serve parties correctly, and manage the sale process through the court.
8. Prepare for costs and timeline: Expect appraisals, filing and publication costs, and commissioner fees; plan for several months for the process if contested.