Detailed Answer
When you inherit real estate with one or more co-owners in Colorado and you can’t agree on whether to keep, sell, or otherwise manage the property, Colorado law lets you ask a court to force a sale through a partition action. A partition action splits co-owned property fairly among owners or—if the court finds physical division impractical—it orders a sale of the entire property and divides the proceeds.
Under Colorado Revised Statutes, you start by filing a complaint for partition in the district court where the property sits. See C.R.S. § 38-41-101. The court serves all co-owners named in the deed or title. Each co-owner may respond with evidence about ownership shares and the property’s condition.
The court then considers whether it can divide the land equitably (a “partition in kind”). If the court finds that dividing the land would damage its value or prove impractical—common when heirs inherit a single house on one lot—it will instead order a sale. See C.R.S. § 38-41-110. After sale, the court deducts costs and expenses, then distributes net proceeds based on each owner’s ownership percentage.
For many heirs, Colorado also adopted the Uniform Partition of Heirs Property Act. See C.R.S. § 13-40-101 et seq.. This act gives co-owners additional rights, including:
- a period to buy out other co-owners at fair market value before a forced sale (C.R.S. § 13-40-107)
- special notice requirements to ensure all heirs know about the pending partition action
Once the court issues a sale order, it appoints a commissioner or referee to list and sell the property—often at public auction. After sale, the court reviews the sale report, confirms the sale, deducts fees, and distributes funds to co-owners.
Costs for a partition action include court filing fees, process service, appraisal fees, and attorney fees (where court awards them). Courts may allocate those costs among co-owners based on who requested partition and each owner’s conduct.
Because partition actions can take several months to over a year, you may first explore out-of-court solutions. These include negotiating a buyout, using a mediator, or agreeing to rent the property and distribute rental income until co-owners reach consensus.
Helpful Hints
- Review your deed or title to confirm each co-owner’s legal interest before filing.
- Consider hiring a licensed appraiser early to establish fair market value.
- Talk with co-owners about a buyout or mediation to avoid court delays.
- Watch the statute of limitations—delay can affect your right to request partition.
- Consult a Colorado real estate attorney to manage filings, notices, and court hearings.
- Keep records of improvements or expenses you paid; you may get credit when the court divides net proceeds.