Detailed Answer
When co-owners cannot agree on what to do with jointly inherited property in Colorado, one owner may file a partition action in the district court. Under Colorado Revised Statutes (C.R.S.) § 38-41-101, any tenant in common can request the court to divide or sell the property. If physical division is impractical, the court will order a sale and distribute proceeds among owners according to their ownership interests.
What is a partition action?
A partition action is a lawsuit in which one or more co-owners seek court intervention to divide or sell real property. C.R.S. § 38-41-101 authorizes any tenant in common to file. If the property cannot be fairly divided (partition in kind), the court will order a public or private sale and split the net proceeds. See C.R.S. § 38-41-102.
Partition in kind vs. partition by sale
- Partition in kind: The court physically divides land among owners if each portion retains value.
- Partition by sale: The court orders a sale at auction or by private contract when division would reduce total value. Proceeds are allocated by ownership share.
Filing and procedure
- File a complaint for partition in the district court of the county where the property is located.
- Serve all co-owners with the complaint and a summons.
- Exchange information, appraisals, and participate in discovery or mediation if ordered.
- Attend a hearing where the judge determines whether to divide or sell the property.
- If the court orders a sale, it may appoint a commissioner to conduct the sale and report back.
- After sale, the court distributes net proceeds based on each owner’s legal interest.
Statute references: C.R.S. § 38-41-101; C.R.S. § 38-41-102.
Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a qualified attorney to discuss your specific situation.
Helpful Hints
- Discuss mediation or negotiation with co-owners before filing to save time and money.
- Obtain a professional real estate appraisal to support division or sale price arguments.
- Review title and deed records to confirm ownership percentages and any liens.
- Factor in court costs, appraisal fees, and commissioner charges when requesting a sale.
- Consider consulting a Colorado real estate attorney experienced in partition actions for guidance.