Detailed Answer
When multiple heirs inherit real property in Colorado, they become tenants in common. Each co-owner holds an undivided interest in the whole property. No single co-owner can unilaterally force the sale or block another from using the property, but Colorado law provides clear remedies.
1. Tenancy in Common Rights: Each heir may occupy the property without paying rent to the others, unless the other co-owners formally object and seek rent or partition. See C.R.S. § 38-31-101 et seq. (Title 38, Property).
2. Partition Action: A co-owner who wishes to cut ties may file a partition action in district court. The court first considers partition in kind, physically dividing the land if practicable. If division would harm value or isn’t feasible, the court orders a public sale and distributes net proceeds pro rata. See C.R.S. §§ 38-31-101 to 113 (Title 38, Property).
3. Exclusive Possession and Rent: If one heir insists on exclusive possession and denies access, the non-occupying co-owner may sue for a share of the fair rental value from the date of “ouster.” The court can award rent damages and adjust each co-owner’s share upon sale. See C.R.S. § 38-31-110 (Title 38, Property).
4. Buy-Out Option: Co-owners may agree on a buy-out. The occupant offers fair market value for the others’ interests. A professional appraisal helps set a defensible price.
Practical steps often include mediation to assign occupancy periods, share expenses and decide on repairs. If heirs can’t agree, the court’s partition process ensures an equitable outcome.
Helpful Hints
- Confirm each heir’s ownership percentage in the deed.
- Obtain a professional appraisal to determine fair market value.
- Discuss a temporary co-ownership agreement addressing occupancy, repairs, taxes and utilities.
- Consider mediation or collaborative law before filing in court.
- Keep accurate records of expenses and improvements for potential credit in partition or buy-out.
- Explore local resources, such as Colorado Legal Services, for low-cost guidance.
Disclaimer
This article is for educational purposes only and does not constitute legal advice. You should consult a qualified attorney about your specific situation.