Detailed Answer — What a partition action is and how it works in Colorado

A partition action is a lawsuit asking a Colorado district court to divide or sell real property owned by two or more people when the owners cannot agree about what to do. Colorado law allows co-owners to request either a physical division (partition in kind) or a sale with division of proceeds when dividing the land is impractical. (Colorado partition statutes are found in the Colorado Revised Statutes; search Title 38, Article 41.) For the state statute index, see: Colorado Revised Statutes.

1) Confirm your ownership type

Find the deed and determine whether you and your sister hold title as tenants in common, joint tenants, or another form. A partition action is available to co-owners (most often tenants in common). If title is held as community property or under a trust, other rules may apply.

2) Try pre-suit options first

• Offer a buyout in writing (show how you calculated the buyout price).
• Mediate or use a neutral third party to negotiate terms (cost-effective and fast).
• Obtain a professional appraisal and a title report to show fair market value and encumbrances.

3) Filing a partition complaint in Colorado district court

If negotiation fails, file a civil complaint for partition in the Colorado district court for the county where the property is located. Basic elements the complaint usually includes:

• Caption and parties (you as plaintiff; all co-owners, mortgagees, lienholders, and anyone with recorded interests as defendants).
• Legal description of the property (from the deed).
• Statement of each party’s claimed ownership share.
• A request that the court order partition in kind or order the sale of the property and divide net proceeds according to ownership shares.
• Requests for an accounting of rents, payments, or contributions toward mortgage, taxes, and improvements, and for costs and fees.

Colorado court forms and local filing rules vary by county. The Colorado Judicial Branch has civil forms and filing information here: Colorado Judicial Branch—Forms.

4) Who must be named and how they are notified

Name every person or entity with an ownership or recorded interest (mortgages, judgment liens, easements). The court will require proof of service on those parties. If a defendant cannot be found, Colorado law allows service by publication in limited circumstances; the court will set the method.

5) Temporary relief during the case

You may ask the court for temporary measures: appointment of a receiver to collect rent or protect the property, injunctive relief to stop a co-owner from selling or making harmful changes, or orders concerning payment of mortgage, taxes, insurance, and maintenance during the litigation.

6) How the court decides and what the court can order

The court will consider whether physical division is feasible. For a single-family house on one lot, courts usually order a sale and division of proceeds because an in-kind division (cutting the house/lot) is impractical. The court can appoint a commissioner or referee to conduct an appraisal and sale, approve sale terms, and supervise distribution of proceeds after paying liens, costs, and equitable adjustments for contributions by owners.

7) Division of proceeds and credits

Net sale proceeds are generally divided according to each owner’s legal interest. The court may credit one party for mortgage payments, property tax payments, insurance, or improvements they made that benefited the property. Expect the court to require an accounting and adjust shares fairly.

8) Timeline and costs

A partition case can take several months to over a year depending on complexity, service issues, discovery, and whether the sale requires a competitive bidding process or court confirmation. Costs include filing fees, process server fees, appraisal and sale costs, possible receiver or referee fees, and attorneys’ fees if awarded. Courts sometimes award attorney fees to the prevailing party when equitable; discuss this with counsel.

9) Practical consequences and alternatives

• The sale will usually end co-ownership. If your goal is to remain in the house, consider negotiating a buyout or refinancing to remove the other owner.
• Bank mortgages and liens must be paid at sale; a lender may have rights to block sale until its loan is satisfied.
• Tax consequences: sale proceeds may create capital gains tax; consult a tax advisor.

For the statutory framework, see the Colorado Revised Statutes (look under Title 38, Article 41 for partition provisions). You can start here: Colorado Revised Statutes.

Helpful Hints — Practical checklist and tips

• Collect documents before filing: deed, mortgage statements, tax bills, insurance, appraisal, repair receipts, and any written communications between you and your sister about the property.
• Get a current title report to identify all recorded interests; you must name lienholders in the complaint.
• Obtain at least one licensed appraisal so a court has a reliable market value.
• Document attempts to negotiate or mediate — courts often view good-faith negotiation favorably.
• Consider mediation or a neutral evaluator before filing. It is faster and cheaper than litigation and may preserve family relationships.
• Be prepared for temporary orders about mortgage/tax payments; the court may require you to pay or escrow certain amounts during the case.
• Ask the court to appoint a receiver if the other owner refuses to maintain the property or collects rental income improperly.
• Work with counsel experienced in Colorado real estate litigation — they can prepare pleadings correctly, manage service on all parties, and move the case efficiently through the district court.
• Check local district court rules for filing requirements (exhibits, e-filing, fee schedules). Use the Colorado Judicial Branch website for forms: https://www.courts.state.co.us/Forms/.
• Keep in mind timing: fiscal year, foreclosure threats by lenders, and tax deadlines can affect strategy.

Common next steps: (1) gather documents; (2) try a written buyout offer and mediation; (3) obtain appraisal and title report; (4) consult a Colorado attorney about filing a partition complaint if informal steps fail.

Reminder: this article explains general legal concepts and common steps under Colorado law. It is not legal advice. To protect your rights and get advice tailored to your facts, consult a licensed Colorado attorney. For statute text and to confirm current law, use the Colorado General Assembly website: https://leg.colorado.gov/colorado-revised-statutes.