Disclaimer: This article is for educational purposes only and does not constitute legal advice.
Detailed Answer
Under Colorado law, a co-owner can force sale of shared real property through a statutory partition action. Colorado Revised Statutes § 38-30-101 et seq. governs partition actions. A partition hearing determines whether the court will divide the property physically (“partition in kind”) or sell it and divide proceeds (“partition by sale”).
Key steps in the process include:
- Filing the Complaint: A co-owner files a complaint for partition in the county where the property lies. The complaint names all record owners and states the type of partition sought (Colo. Rev. Stat. § 38-30-101).
- Service of Process: Each co-owner must be served with the complaint and given an opportunity to respond.
- Pretrial Conference and Mediation: Courts often require a conference to explore settlement. Mediation may resolve division without sale.
- Appointment of Commissioners: If the parties cannot agree on dividing boundaries, the court appoints three disinterested commissioners to survey the property (§ 38-30-107).
- Commissioners’ Report: Commissioners propose a plan. If they conclude a fair in-kind split is impractical or inequitable, they recommend sale.
- Partition Hearing: The court holds a hearing on the report. If the court finds division “inequitable, difficult, or prejudicial to owners,” it orders a sale (§ 38-30-110).
- Sale of Property: The property is sold at public auction or private sale under court supervision.
- Distribution of Proceeds: After payment of costs, liens, and commissions, net proceeds are distributed among co-owners in proportion to their ownership interests.
This process ensures fairness when co-owners cannot agree on the use or division of real property.
Helpful Hints
- Review title documents and current ownership stakes before filing.
- Consider mediation to avoid costs of a sale proceeding.
- Gather appraisals to establish fair market value.
- Ask the court about timelines; partition cases can take several months.
- Consult a real property attorney for strategy and to draft complaint.