Detailed Answer
Short answer: you have multiple options. You can oppose a straight sale and ask the court to: (1) order a buyout or set buyout terms, (2) postpone sale and require appraisals and accounting, (3) seek a partition-in-kind or temporary exclusive possession, or (4) pursue settlement negotiations or mediation to preserve your interest. Which option is best depends on the type of case (for example, a divorce/dissolution or a partition action between co-owners), the court process already underway, and whether you want to keep the house.
Understanding the legal context in Colorado
Two common settings where a party “asks the court to sell the house” are:
- Dissolution of marriage (divorce): the court divides marital property under Colorado’s domestic relations law; and
- Partition actions between co-owners (non‑marital co-owners or former spouses who already split): one co-owner can ask a court to partition or order a sale.
In Colorado, the mechanics and remedies differ depending on which setting applies. Property division in divorce is governed by the domestic relations statutes and equitable distribution principles. Partition actions are governed by Colorado property/partition law. For more on Colorado statutes and how to find the statutory text, see the Colorado Revised Statutes on the Colorado General Assembly website: https://leg.colorado.gov/publications/revised-statutes. For self-help family law resources, see the Colorado Judicial Branch: https://www.courts.state.co.us/Self_Help/.
If this is a divorce (dissolution) case
When a spouse asks the court to sell the marital home but does not propose buyout terms, you can:
- Ask the court for a valuation and buyout option. You can ask the judge to (a) order a current professional appraisal, (b) set a buyout price based on that appraisal, and (c) set a timeline for one spouse to buy out the other. Colorado courts commonly order valuation of major assets before dividing them. See Colorado statutes on property division for dissolution cases (look under Title 14 – Domestic Relations): https://leg.colorado.gov/publications/revised-statutes.
- Request temporary orders. Ask for temporary possession, payment of mortgage and carrying costs, or temporary allocation of the house while parties negotiate or until the court sets permanent terms. Courts can issue temporary orders to preserve assets and protect parties’ interests during the case.
- Demand an accounting and lien priorities. If the asking spouse wants a sale, request a clear accounting of mortgage, taxes, repairs, and any credits or debts that affect the net proceeds and each party’s share.
- Propose a buyout formula in your response or counter-motion. File written proposed buyout terms (for example, appraisal-based price, who pays closing costs, timeline, financing contingencies). Courts prefer concrete proposals and may adopt them if reasonable.
- Ask for mediation or settlement conference. Many Colorado family courts require or encourage mediation for property disputes. Settling buyout terms yourself often costs less and preserves control.
If this is a partition action (non-divorce co-owners)
In a partition action a co-owner may ask the court simply to sell the property and divide proceeds. Colorado law allows partition in kind (dividing the land) or partition by sale when division in kind is not practical. If a sale is proposed without buyout terms, you can:
- Ask for partition in kind or for the court to appoint commissioners to determine the best remedy. If a physical division is practical and equitable, request partition in kind so you can keep part of the property or stay in the home. If not practical, courts will order sale but often direct how sale proceeds are split after accounting for equities, liens, and improvements.
- Seek an appraisal and equitable accounting. Request the court order one or more appraisals and that the court or appointed commissioner allocate credits (for mortgage payments, taxes, improvements, or waste).
- File counterproposals or ask for a buyout hearing. Even if the other side only asked for sale, you can ask the court to hold a hearing to set buyout terms or allow you a right of first refusal to buy the other owner’s share at a court-determined price.
Practical and tactical steps you should consider now
- Respond on time: Make sure you file any required court responses or motions before deadlines so you preserve your rights.
- Ask for valuation before sale: Insist on at least one court-ordered appraisal and an accounting of liens and costs so proceeds are divided correctly.
- Request temporary relief: If you live in the home, request temporary possession and that the other party cover part/all of carrying costs until resolution.
- Propose buyout terms: Submit a concrete buyout proposal — e.g., “Buyout at appraised value minus outstanding mortgage and half of agreed credits; closing within X days.” Courts like workable proposals.
- Consider mediation: A mediated agreement can set buyout terms, allocation of closing costs, timing, and contingencies that a simple court-ordered sale would not.
- Preserve evidence: Gather mortgage statements, tax bills, receipts for improvements, and proof of payments; these support credits or offsets in property division.
If the other side moves forward with a sale order
If the court grants sale without addressing buyout terms, you can usually (depending on timing) file a motion for reconsideration or a motion to set aside parts of the order, ask for an accounting, or ask the court to clarify distribution of the sale proceeds. If the sale is already underway, your best option may be to seek an immediate hearing to protect credits and ensure distribution is correct.
Timing and evidence matters
Courts are more likely to set buyout terms or postpone sale when: (a) an appraisal shows a predictable and fair market value, (b) one party can demonstrate ability to finance a buyout, or (c) one party is living in the home and would suffer hardship from immediate sale. Be prepared with proof of income, assets, credit, and a realistic buyout plan.
Where to find Colorado law
Relevant Colorado law appears in the Colorado Revised Statutes for domestic relations and property/partition. For general access to the statutes, see the Colorado General Assembly Revised Statutes page: https://leg.colorado.gov/publications/revised-statutes. For court forms and self-help guides about family matters and property issues see the Colorado Judicial Branch self-help site: https://www.courts.state.co.us/Self_Help/.
Important: statutes that commonly control these issues include the domestic relations provisions on property division (Title 14) and the property/partition statutes (Title 38). If you plan to cite or rely on any specific statutory subsection in court, consider confirming the current statute language through the Colorado General Assembly website or with an attorney.
When to talk to an attorney
If you want to keep the house, need a fair buyout calculation, or face an urgent pending sale, speak with a Colorado attorney experienced in family law or real property/partition law. An attorney can draft precise motions (temporary orders, motions for appraisal, counterproposals, or requests for partition in kind), represent you at hearings, and help protect the economic consequences of a sale.
Disclaimer: This article is educational only and is not legal advice. It does not create an attorney-client relationship. For advice specific to your situation, consult a licensed Colorado attorney.
Helpful Hints
- File timely court papers — missing deadlines can forfeit rights to oppose a sale or request relief.
- Get a professional appraisal early to support buyout or valuation arguments.
- Collect mortgage, tax, insurance, and improvement records — they affect net sale proceeds and credits.
- Propose clear buyout terms in writing: price (appraised value or formula), closing date, who pays costs, financing contingency.
- Ask the judge for temporary orders to require the other party to pay their share of carrying costs while the case proceeds.
- Consider mediation — courts often favor settlements and mediated buyouts preserve choice and control.
- If you can afford to keep the house, show proof of financing ability (preapproval letter) to strengthen a buyout request.
- In partition actions, ask whether partition in kind is feasible — sale is not automatic if a division is practical.
- Keep calm and organized — clear documentation and a concrete plan help judges and improve settlement chances.