Can I force a sale of property when some family members want to sell but others refuse?

Short answer: Yes — in Colorado a co-owner can ask a court to force the sale (or physical division) of jointly owned real property through a partition action. The court will decide whether to divide the property (“partition in kind”) or sell it and split the proceeds (“partition by sale”) under Colorado law (C.R.S. § 13-40-101 et seq.). This article explains how the process works, what the court considers, practical alternatives, and steps you can take.

Detailed answer: How forced sale (partition) works in Colorado

When two or more people own real property together — for example, siblings who inherit a house or family members who purchased land together — any co-owner who wants to end the joint ownership can usually file a partition action in district court. Colorado’s partition law is found in the Colorado Revised Statutes governing partition actions (see C.R.S. § 13-40-101 et seq.). For a text of the statutes, see the Colorado General Assembly: C.R.S. Title 13 (Partition).

Types of partition

Partition in kind (division): The court divides the land into physically separate parcels so each owner receives a portion proportionate to their ownership share. The court prefers this approach if it is practical and fair.
Partition by sale: If a fair physical division is impractical (for small parcels, single-family homes, or where division would destroy value), the court orders the property sold and divides the proceeds among owners in proportion to their ownership interests.

Which outcome will the court choose?

The court evaluates multiple factors, including:

Whether the property can be divided without materially harming its value.
Physical characteristics: size, shape, access, and improvements (house, utilities, etc.).
Number of owners and percentage interests.
Costs and feasibility of division, including surveying and new titles.
Whether one or more co-owners would be forced into impractical small parcels.

If division would create impractical or uneconomic parcels, the court will more likely order a sale. See C.R.S. § 13-40 (partition statutes) for statutory procedures and remedies: C.R.S. Title 13 (Partition).

How proceeds are distributed

After sale, proceeds are used first to pay liens, mortgages, taxes, and court-ordered costs (including costs of partition and sale). Remaining funds are divided among owners according to their legal ownership shares (tenants in common typically receive shares equal to their ownership percentage). If ownership shares are unclear, the court may determine shares based on title, contribution evidence, or equitable principles.

Who can file a partition action?

Generally any person with an ownership interest in the property (a co-tenant) can file. That includes tenants in common and, in many cases, joint tenants — though survivorship issues can affect joint tenancy. A claimant must join necessary parties (other co-owners and parties with recorded interests such as mortgage holders).

Timing, costs and practical impact

Filing a partition action can be time-consuming and costly. Expect court filing fees, survey and appraisal costs, possible environmental or remediation expenses, attorney fees, and a forced-sale environment that can reduce the sales price. Courts may order one side to pay a portion of costs, but co-owners should plan for litigation expenses.

Practical alternatives to a court-ordered sale

Because partition litigation is expensive and adversarial, consider these alternatives first:

Negotiate a buyout: Co-owners who want to keep the property can buy the refusing owner’s share at an agreed price or using an appraisal-based formula.
Sell voluntarily: Agree to list and sell the property and split proceeds. Voluntary sales avoid court costs and timing delays.
Mediation: Use a neutral mediator to reach a compromise on price, timing, or a buyout plan.
Partition with options: Sometimes a court will allow a short marketing period before ordering sale, giving co-owners time to arrange a buyout or find a buyer.

Hypothetical example

Four siblings own a cabin as tenants in common, each with a 25% interest. Two siblings want to sell; two refuse. If negotiation and mediation fail, one sibling can file a partition action in Colorado district court. If the court finds the cabin cannot be fairly divided (a single house on one lot), it will likely order a partition by sale and distribute net proceeds after paying mortgage and sale costs according to each sibling’s 25% share.

Helpful hints — what to do next

Collect ownership documents: deeds, title insurance policy, trust documents, wills, and any written agreements among owners.
Get basic financials: mortgage payoff statements, liens, tax bills, and HOA information.
Order a current title report to identify liens and who must be joined to a partition action.
Obtain at least one professional appraisal to understand market value before filing suit.
Consider mediation or a buyout offer before filing court papers — courts view settlement efforts favorably and it often saves money for everyone.
If you file, expect the court to require notice to all owners and lienholders; be prepared for costs and a possible supervised sale by the sheriff or court-appointed commissioner.
Consult an attorney experienced in Colorado real estate and partition law to evaluate likelihood of partition in kind vs. sale and to handle court procedure.

Key Colorado statute references

The statutory framework for partition actions in Colorado appears in Title 13 of the Colorado Revised Statutes. Read the text for details and procedures here: C.R.S. Title 13 — Courts and Court Procedure (Partition provisions). For specific sections, look for C.R.S. § 13-40-101 et seq.

Final notes and next steps

A partition action gives co-owners a legal path to end joint ownership when negotiation fails. Courts must follow statutory procedures and weigh whether division or sale best preserves value. Because outcomes affect money and family relationships, explore settlement first, document everything, and consult a Colorado real estate attorney for tailored advice.

Disclaimer: This article provides general information about Colorado law and is not legal advice. It does not create an attorney-client relationship. For advice about your specific situation, consult a licensed Colorado attorney.