Detailed Answer

This is a plain-language, step-by-step explanation of how to proceed if you want to force division or sale of inherited real estate in Colorado and one or more co-owners (heirs) are minors. This explains the typical legal process, who must be involved, and the special protections Colorado law provides for minor owners.

1. Understand the basic options: partition in kind vs. partition by sale

When two or more people own the same parcel of real estate and cannot agree about keeping or dividing it, a co-owner may file a partition action in Colorado district court. The court has two main remedies:

• Partition in kind: physically dividing the land so each owner gets a separate portion.
• Partition by sale: selling the property and dividing proceeds among the owners according to their ownership shares.

Which remedy the court orders depends on whether a reasonable physical division is possible without substantial prejudice to any owner. If division would be impractical or greatly reduce value, the court commonly orders a sale.

2. Who to sue (named parties)

The complaint must name all owners of record (all heirs with an ownership interest). If an heir is a minor, the minor is still a party but must be represented or otherwise protected in the case (see next section).

3. Special rules when heirs are minors — representation and protection

Colorado courts treat minors as parties with rights that must be protected. Two common ways the minor’s interests are protected in a partition case:

• Guardian or guardian ad litem: the court can require appointment of a guardian (or a guardian ad litem) to represent the minor’s legal interests in the partition action. The Colorado Revised Statutes and Colorado court rules cover guardianship and representation for minors; practical forms and procedures are available from the Colorado Judicial Branch (Probate/Guardianship forms): Colorado courts — Probate & Guardianship forms.
• Conservator or guardian of the estate: if the minor will receive money from a sale, the court may require appointment of a conservator (guardian of the estate) to manage the proceeds for the minor until they reach majority. The probate statutes and procedures (Title 15 — Probate & Protective Proceedings) govern conservatorship and protection of a minor’s funds: Colorado Revised Statutes — Title 15 (Probate & Protective Proceedings).

4. Typical procedural steps

1. Pre-filing steps: gather title documents (deed, will or probate papers), determine each person’s recorded ownership share, and try to negotiate an agreement among owners (division, buyout, or sale).
2. File a partition complaint in district court: file in the county where the property is located. The complaint asks the court either to divide the property or to sell it and distribute proceeds.
3. Service and joinder: serve all owners. For minors, follow the court’s rules for service and joinder — the minor remains a party but will have court-appointed representation or a guardian.
4. Appointment of a guardian ad litem or conservator (if required): the court may appoint a guardian ad litem to represent the minor’s position in the lawsuit. If sale proceeds are expected or a minor needs a manager for money, the court may require appointment of a conservator of the minor’s estate through the probate process.
5. Valuation and sale process: the court will determine whether partition in kind is feasible. If not, the court will order sale — often after appointing a commissioner to sell at public auction or by private sale subject to court confirmation.
6. Court approval of sale and distribution: the court must approve sale terms and distribution plan, and it will ensure the minor’s share is handled appropriately (often distributed to a conservatorship account or court-approved investment).

5. How the minor’s money is protected after sale

Colorado courts are cautious with money belonging to minors. When sale proceeds go to a minor, the court typically requires one of these safeguards:

• Deposit into a blocked or supervised account set up by the court or the county treasury;
• Appointment of a conservator (guardian of the estate) to manage and invest funds under court supervision;
• Court approval for any major use of the minor’s funds (education, real estate purchase, etc.).

Procedures for appointing a conservator and for court-supervised handling of a minor’s property are found in Colorado’s probate statutes: Title 15 — Probate & Protective Proceedings.

6. Timing and likely costs

Partition actions can take several months to over a year depending on complexity, valuation disputes, and whether a conservatorship is needed. Expect court filing fees, publication and sheriff costs for sale, appraiser and commissioner fees, attorney fees, and possible conservatorship fees. Courts will consider whether attorney fees can be charged against sale proceeds.

7. Alternatives to court-ordered partition

Because partition litigation can be expensive and disruptive, owners often consider alternatives before filing:

• Sell the property by unanimous agreement and split proceeds.
• One owner buys the others out (with court approval for any minor’s share or via conservatorship).
• Mediation to resolve disputes about use, division, or sale terms.

8. Rules and statutes to consult

Key Colorado authorities to review for more detail:

• Colorado Revised Statutes — Title 15 (Probate & Protective Proceedings) for guardianship and conservatorship rules: https://leg.colorado.gov/statutes/title-15-probate-protective-proceedings
• Colorado Revised Statutes — Title 38 (Property) for statutes dealing with real property (search for partition-related provisions): https://leg.colorado.gov/statutes/title-38-property
• Colorado Rules of Civil Procedure for how parties (including minors) are represented in civil litigation (see rules on representation and next friend/guardian ad litem): Colorado Rules of Civil Procedure
• Colorado Judicial Branch — Probate and guardianship forms and procedures: https://www.courts.state.co.us/Forms/Index.cfm?Category=Probate

9. Practical examples (hypothetical)

Example A: Three heirs own a house 50% / 25% / 25%. One 25% heir is a 14-year-old. The other two want to sell. The adult heirs file a partition by sale. The court names a guardian ad litem for the minor and requires a conservatorship or court-approved blocked account for the minor’s sale proceeds until age of majority or further court order.

Example B: Two adult heirs want to divide a 10-acre lot but the only practical way to split would leave one owner with land that has no road access. The court finds partition in kind would be prejudicial and orders sale and division of proceeds; any minor owners’ shares are protected via the probate process.

10. When to involve probate court

If the property is still owned by a decedent’s estate (open probate), the personal representative or the probate court may need to be involved before any partition action. If the property has already passed to heirs (title transferred), a partition action is a civil suit in district court, and the probate court’s role usually focuses on minors’ guardianship/conservatorship if funds are involved.

Where to start today: gather deeds, any will or probate case numbers, communicate with other owners, and contact the county district court clerk where the property sits to ask about local filing requirements. If minors are involved, also contact the probate division of the court about guardianship/conservatorship procedures.

This explanation summarizes typical Colorado practice but is not exhaustive. Courts have discretion and local procedures vary.

Helpful Hints

• Consult a Colorado real estate or probate attorney early — they can explain if partition is the best route and how to protect minor heirs.
• Before filing, try mediation or a negotiated sale to save time and legal costs.
• Document chain of title, mortgage payoff, liens, property taxes, and any probate case numbers.
• Expect the court to require a guardian ad litem for minors and possibly a conservator for minor’s sale proceeds.
• If a buyout is proposed, get an independent appraisal and make sure the minor’s guardian/conservator and the court approve the transaction.
• Ask the district court clerk for local forms and fee schedules — courts often provide standard complaint templates for partition actions.
• Keep detailed records of communications and written offers; courts may consider reasonable settlement efforts when allocating fees.
• Be prepared for appraisal, broker, and sale costs to come out of proceeds if the court orders a sale.
• If the minor will receive ongoing funds (trust, structured settlement), talk to a probate attorney about best ways to manage those funds under Colorado law.
• Act promptly — delay can increase costs (taxes, repairs, vandalism) and complicate sales or partition remedies.

Disclaimer: This article is for general information only and does not constitute legal advice. Nothing in this article creates an attorney-client relationship. For advice specific to your situation, consult a licensed Colorado attorney.