Detailed Answer: Filing a Partition Action in Colorado to Force Sale of an Inherited Interest

Short overview: If you inherited an interest in family land in Colorado and one or more co-owners will not agree to sell or divide the property, you can ask a Colorado district court to divide the property or order a sale and distribute the proceeds. This court case is called a partition action. The rules for partition actions are found in the Colorado statutes and civil procedure. This is general information, not legal advice.

Who can bring a partition action?

Any person who owns an undivided interest in real property — including someone who received that interest by inheritance — may bring a partition action against the other co-owners. Typical co-owners include tenants in common and sometimes heirs who hold land jointly. The plaintiff must show they have a legal interest in the property.

Where to file

File the partition case in Colorado district court in the county where the property is located. Venue is governed by the usual civil rules; the property location is the typical basis for filing.

Statutes and legal authority

Colorado law provides the statutory framework for partition actions (see Colorado Revised Statutes, Title 13 — Courts and Court Procedure, Article 40, Partition of Property). For statute text and updates, consult the Colorado statutes at the state legislature website: https://leg.colorado.gov/statutes. The typical cited sections begin at C.R.S. §13-40-101 and following sections addressing appointment of commissioners, sale procedures, and distributions.

Typical steps in a Colorado partition action

Pre-filing preparation: Gather proof of your ownership interest (deed, will, probate documents, heirship documents), records of liens or mortgages, recent property tax bills, and any communications with co-owners about a sale.
Draft and file the complaint: The complaint will describe the property, identify all owners and known lienholders, state your claim for partition, and request relief (partition in kind or sale). You must name all co-owners and any parties with recorded interests.
Service of process: Serve the complaint and summons on every defendant (co-owner or lienholder) according to Colorado rules of civil procedure. If a party’s location is unknown, the court may allow substituted service or service by publication in limited circumstances.
Responses and participation: Defendants can respond, assert defenses, claim offsets (e.g., contributions to improvements), or claim separate ownership interests. The court may order joinder of necessary parties.
Request for partition in kind vs sale: Colorado courts prefer partition in kind (physically dividing the land) when it is practicable and fair. If physical division is impractical or would significantly reduce value, the court may order partition by sale. The court determines which form best preserves equity among owners.
Appointment of commissioners or referees: The court frequently appoints commissioners to view the property, prepare a proposed division plan, or conduct a sale. The court sets instructions and compensation for commissioners.
Valuation, accounting, and offsets: The court or commissioners will value the property, account for liens, mortgages, taxes, improvements, and any contributions a co-owner made that the court deems equitable to reimburse. Liens are typically satisfied from sale proceeds in priority order.
Sale (if ordered): If the court orders a sale, it will direct the method (public auction or private sale) and approve sale terms. After sale, proceeds go through the court for payment of costs, liens, and to distribute the remaining balance to owners in proportion to their interests.
Final decree and distribution: The court issues a final decree confirming division or sale and directing distribution. This becomes the final disposition resolving ownership among the parties named.

Practical considerations and common issues

Probate and title issues: If the inherited interest is still in probate, you may need to coordinate with the probate court or wait until title transfers to you as an heir. Bring probate documents to court to prove your ownership interest.
Mortgages and liens: Recorded liens remain attached to the property. A partition sale generally pays liens in order of priority before proceeds are distributed to owners.
Occupying co-owner: A co-owner in possession might claim adverse possession or seek accounting for rents and profits. The court can account for occupancy-related reimbursements.
Costs and fees: Partition actions can be complex and involve commissioner fees, appraisal and sale costs, court costs, and attorney fees. Courts sometimes allocate costs between parties, but attorney fees are not automatically awarded unless statute or contract allows.
Time and expense: Partition litigation can take several months to over a year depending on complexity, disputes, and whether sale is contested.

Alternatives to a court-ordered partition

Negotiate a voluntary buyout where one co-owner buys the others’ interests at an agreed price.
Sell the property by mutual agreement and split proceeds outside court.
Mediation or alternative dispute resolution to reach a settlement that avoids litigation costs.
Request a private appraisal and offer a partition-by-agreement that the court can later enforce if needed.

When to consult a lawyer

Consider talking to a Colorado real property attorney if the situation involves disputed title, significant liens or mortgages, complex family disputes, split ownership percentages, or if you want help preparing pleadings and representing you in court. An attorney can explain likely costs, expected timelines, valuation issues, and strategic options such as settlement or coercive sale.

How to start right away

Collect deeds, probate orders, wills, and title documents showing your inherited interest.
Get a current title search and payoff statements for any mortgages or liens.
Consult the Colorado district court self-help resources and forms for civil filings, or consult an attorney who handles partition actions.

Important statute reference

Partition actions in Colorado are governed by the Colorado Revised Statutes (Title 13, Article 40). For the statutory language and updates, see the Colorado statutes site: https://leg.colorado.gov/statutes. Search for “13-40-101” and the surrounding sections for specific procedural and substantive rules on partition.

Helpful Hints

Start by confirming your recorded ownership with the county recorder’s office where the land sits.
Keep records of any payments you made for taxes, mortgage payments, or improvements — the court may consider reimbursements.
If a co-owner wants to buy you out, get written offers and consider an independent appraisal to confirm fair value.
Consider mediation early — courts often encourage settlement and it can sharply reduce costs and time.
Expect the court to prioritize liens and mortgages when distributing sale proceeds; unsecured claims against an owner may not be paid from sale proceeds unless recorded.
Ask the clerk of the district court in the property’s county for local filing rules and fee schedules before filing.

Disclaimer: This article explains general principles of Colorado partition law for educational purposes only. It is not legal advice and does not create an attorney-client relationship. For advice tailored to your situation, contact a licensed Colorado attorney.