Detailed Answer — How to start a partition action in Colorado

Partition is the legal process that divides co-owned real property so each owner can obtain their share. If a co-owner will not agree to sell or divide the property voluntarily, you can ask a Colorado district court to order a partition. Below are the typical steps and key issues you will face.

1. Confirm ownership and the property’s legal description.

   Gather the deed(s), title report or title insurance policy, any mortgages or liens, homeowner association documents (if applicable), property tax records, and the exact legal description from the deed or title. You must know exactly who the recorded owners are and the precise legal description of the land to include in the complaint.

2. Try pre-suit resolution (recommended but not legally required).

   Send a written demand or settlement offer that explains you intend to file a partition action if the co-owner refuses to cooperate. Consider mediation or negotiation first — courts often look favorably on reasonable settlement attempts and it can save time and money.

3. Choose the right court and venue.

   File the partition action in the Colorado district court in the county where the property is located. Colorado district courts handle real property partition disputes. (For statute references and to look up local procedures, see the Colorado statutes and the Colorado Judicial Branch website listed below.)

4. Prepare and file the complaint for partition.

   The complaint should identify all co-owners (named as defendants if they refuse to join), describe the property (legal description), state how ownership is held (tenancy in common, joint tenants, etc.), and request the relief you want: a partition in kind (physical division) if that is practical, or a partition by sale (court-ordered sale and division of proceeds) if division in kind is impractical. Ask the court to appoint a commissioner (or master) to divide or sell and to make any necessary accounting for liens, taxes, and expenses.

5. Attach supporting documentation.

   Attach copies of deeds, title documents, and any relevant written agreements. If there are mortgages or liens, include documentation so the court can consider payoffs and priorities when distributing sale proceeds.

6. Pay filing fees and get a case number.

   When you file the complaint at the district court clerk’s office, you will pay filing fees. The clerk will assign a case number and provide instructions for service of process.

7. Serve all co-owners and interested parties.

   Service must follow Colorado’s rules of civil procedure. Each co-owner (and any lienholder) must be properly served with the summons and complaint so the court has jurisdiction to bind them by its order.

8. Responding pleadings and possible preliminary motions.

   The co-owner may answer, raise defenses, ask the court to dismiss, or file counterclaims (for example, claiming better title or alleging misconduct). The court may hold preliminary hearings to address jurisdiction, joinder of necessary parties, and other procedural issues.

9. Request appointment of a commissioner or sale procedure.

   If the court finds partition appropriate, it commonly appoints a commissioner or special master to either divide the property among owners or oversee a public sale. Partition in kind is preferred where feasible; otherwise the court orders a partition by sale and directs how sale proceeds are to be distributed after paying liens, taxes, and costs.

10. Accounting, distribution, and judgment.

    The commissioner reports back to the court. The court then approves the division or sale, enters final judgment allocating proceeds (or deeds) among owners, and may award costs or attorney fees in limited circumstances. If a sale occurs, liens and mortgages are typically paid from sale proceeds according to priority.

11. Possible post-judgment remedies.

    If an owner refuses to vacate or comply with court orders, the court can issue writs (for example, writ of possession) to enforce the judgment. You may also enforce money judgments through collection procedures.

Practical considerations and common issues

• Partition in kind vs sale: Courts prefer physical division where it won’t substantially reduce the property’s value or be impractical. If the property cannot be divided fairly, expect a sale.
• Liens and mortgages: Outstanding mortgages remain attached to the property; a court-ordered sale will normally pay those off in priority order from sale proceeds.
• Costs and attorney’s fees: The court can require the estate to pay the commissioner’s fees, sale costs, and in some cases attorney fees, but each case varies.
• Timeframe: A straightforward partition can take several months; contested matters that require discovery, hearings, or appeals can take much longer.
• Title issues: If title is defective or one party claims superior title, the case may become a quiet-title or title dispute alongside partition, increasing complexity.

Where to find Colorado rules and forms

Colorado’s statutes and local court procedures govern partition actions. For reference and to find local rules or forms, use these official resources:

• Colorado Revised Statutes (searchable) — search for statutes and terms related to partition and civil procedure.
• Colorado Judicial Branch — find district court locations, local rules, and self-help resources for civil filings.

Note: The exact forms and local procedures vary by county. File in the district court for the county where the property is located.

Helpful Hints

• Start by collecting clear title documents and the legal description — accurate paperwork speeds filing.
• Send a written demand and keep records of all communications before filing. Courts and mediators like to see reasonable efforts to settle first.
• Consider mediation — it may produce a faster, cheaper result than litigation (e.g., buyout, agreed sale, or division of use).
• Weigh partition in kind against sale. If the property is a single-family home, a sale is often the practical outcome; for large parcels, in-kind division may work.
• Account for mortgages and liens up front. A mortgagee’s rights survive a partition and will generally be paid from sale proceeds according to priority.
• Budget for court costs, commissioner fees, title work, and likely attorney fees; partition actions can become expensive if contested.
• If ownership interests are unequal, be prepared to show how proceeds should be allocated (contributions, improvements, and agreed-upon share percentages matter).
• Hire a Colorado real property attorney if the other owner will not cooperate — disputes over title, valuation, or the feasibility of division require legal and often expert assistance.