Detailed Answer
When you separate but haven’t yet filed for divorce in Colorado, any real estate or other titled property you own with your spouse remains jointly owned. Under Colorado law, either co-owner can file a partition action in civil district court to divide that property. The governing statute is C.R.S. § 38-31-101 et seq., which allows the court to order a physical division of the property or a sale with proceeds distributed according to each owner’s interest.
If you file a divorce petition first, an automatic temporary injunction under C.R.S. § 14-10-107.5 immediately prohibits either spouse from selling, transferring, or encumbering marital property without written consent or court order. To avoid this restriction, you must file your partition action before the divorce petition is filed.
Once the divorce court takes jurisdiction, it divides marital assets under equitable distribution rules in C.R.S. § 14-10-113. If you already partitioned specific property, the divorce court will account for that partition when allocating remaining assets to achieve a fair and equitable result.
Proceeding with both a partition action and a divorce can create overlapping litigation. A partition action secures your individual interest in a specific asset, but the divorce court retains authority to divide the overall marital estate. Coordinating timing and strategy with legal counsel can help you avoid conflicting orders and ensure a smooth property division process.
Disclaimer
This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney to discuss your specific situation.
Helpful Hints
- Verify how title is held: joint tenancy vs. tenants in common affects rights in partition.
- File a partition action under C.R.S. § 38-31-101 et seq. in the county where the property is located.
- File partition before submitting a divorce petition to avoid automatic injunctions under C.R.S. § 14-10-107.5.
- Expect the court to order appraisals, and be prepared for sale or physical division.
- Inform the divorce court of any completed partitions so it can adjust distribution of other assets.
- Consult a family law attorney early to coordinate partition and divorce proceedings effectively.