Short answer — what a partition action does

When two or more people own the same real property and cannot agree on how to divide, a court can force a physical division or order a sale and divide the proceeds. In Colorado, that relief is obtained by filing a civil partition action in district court. The court decides whether a division in kind (cutting the parcel) is feasible or whether a sale and distribution of proceeds is necessary.

Step-by-step process to file a partition action in Colorado

1. Confirm ownership and relationships

   Gather deeds, title documents, wills, trust instruments, mortgage statements, and any recorded agreements that show each co-owner’s interest (tenancy in common, joint tenancy, trust, etc.).

2. Try negotiation or mediation first

   Courts generally expect parties to attempt settlement. Mediation or a buyout offer can avoid litigation costs. If mediation fails, document the attempts to settle — that can help later.

3. Prepare and file the complaint for partition in district court

   The plaintiff (a co-owner) files a civil complaint asking the court to partition the property. The complaint must identify the property, list all known co-owners and their claimed shares, state why the property cannot be divided by agreement, and request partition in kind or a sale. File in the county where the property is located.

4. Serve all parties and any lienholders

   All co-owners, mortgage holders, judgment lienholders, and anyone with a recorded interest must be served. Absent parties may be served by publication if necessary under Colorado civil procedure rules.

5. Temporary orders and possession

   Either side can ask the court for temporary relief (e.g., who occupies the property pending litigation, who pays taxes, insurance, mortgage, and basic upkeep). The court may issue interim orders to preserve value.

6. Appointment of commissioners or surveyors

   The court may appoint neutral commissioners, surveyors, or appraisers to evaluate the property, prepare a proposed division, or recommend whether partition in kind is practical. Their reports inform the court’s decision.

7. Court hearing and decision

   At hearing, the court considers evidence, the commissioners’ report, and feasibility of dividing the land. If the court finds a fair physical division is possible, it may order partition in kind. If not, it will order a sale and distribution of proceeds.

8. Sale (if ordered) and distribution of proceeds

   If the court orders sale, it typically supervises or appoints a commissioner to sell the property at public sale or private sale consistent with court order. After sale, the court distributes the proceeds to pay liens, costs, and then distribute net proceeds according to each owner’s legal share.

9. Judgment and recording

   The court enters a final judgment describing the partition or sale and the distribution. The judgment is recorded to clear title according to the court’s order.

Key legal and practical issues under Colorado law

• Choice: division in kind vs. sale. Courts prefer division in kind when it is equitable and practicable. When the land cannot be fairly divided (e.g., a single-family home on one lot), courts usually order a sale and divide proceeds.
• Priority of liens and mortgages. Valid recorded mortgages and liens survive the partition; sale proceeds pay those liens first. Expect the mortgage holder to be joined or given notice.
• Accounting for rents, taxes, and improvements. The court can order accounting: expenses, rental income, and contributions to maintenance can be credited or debited among co-owners before distribution.
• Possibility of buyout. A co-owner may buy out others by offering the court-ordered value and thereby avoid a sale. Courts sometimes facilitate or approve buyouts under equitable terms.
• Costs and attorney fees. The court can allocate costs and sometimes attorney fees. Losing party may be ordered to pay some costs, depending on conduct and any contractual agreements.
• Title and heirs. Partition affects title holders named in deeds. Heirs or beneficiaries under a deceased owner’s estate who have recorded interests must be joined.

Where to find Colorado statute and court resources

Colorado statutory and court resources explaining property and civil procedure are available from these official sources:

• Colorado Revised Statutes (look under Title 38, Property): https://leg.colorado.gov/colorado-revised-statutes/title-38-property
• Colorado Judicial Branch — self-help and civil forms: https://www.courts.state.co.us/Self_Help/

These pages provide statutes, rules, and local forms. For precise statutory language on partition procedures, consult Title 38 of the Colorado Revised Statutes and the local district court rules for the county where the property sits.

Helpful Hints — practical tips before you file

• Try mediation or a formal buyout offer before filing. Litigation is costly and time-consuming.
• Collect and organize title documents, tax records, mortgage statements, and receipts for improvements or payments. Courts rely on clear records.
• Join everyone with a recorded interest in the property (heirs, mortgagees, lienholders) to avoid later disputes.
• Consider temporary orders to control possession, payment of mortgage/taxes, and insurance during the case.
• Get a property appraisal and at least one survey if you think a division in kind might be possible.
• Be realistic about costs: court fees, appraisal and survey costs, commissioner fees, and possible sale costs will come out of proceeds or be charged to parties.
• Ask about tax consequences of a sale — capital gains and allocation of tax basis can affect your net recovery.
• Consult a Colorado attorney experienced in real property litigation to evaluate alternatives, draft pleadings, and represent you in court.