Can I force a split of inherited property in Colorado when a co-owner won’t cooperate?

Short answer: Yes — in Colorado you can ask a district court to order a partition of real property (an equitable division or a sale) when a co-owner refuses to cooperate. The court can divide the land physically if practical (partition in kind) or order a sale and divide the proceeds (partition by sale). This is a civil lawsuit filed where the property is located. This article explains the practical steps, what to expect, and where to find the controlling Colorado law and court rules.

Disclaimer: I am not a lawyer and this is not legal advice. This article explains general Colorado law and common steps people take. Talk with a Colorado attorney about your specific situation before you act.

Detailed Answer — step-by-step guide to filing a partition action in Colorado

1. Confirm who actually owns the property and how

Get a certified copy of the decedent’s will (if any) and the probate or estate records. If the property already passed through probate, identify the current owners on the deed recorded at the county clerk and recorder’s office.
Determine the form of ownership. If the property is held as joint tenants with right of survivorship, the surviving joint tenant may own the whole. If it’s tenants in common (typical among heirs), each co-owner has an individual share and can force partition.
Gather the deed (legal description), mortgage statements, tax bills, unpaid liens, HOA information, and records of who has paid mortgage, taxes, insurance, or made improvements.

2. Try to resolve the dispute without litigation

Send a clear, written demand to the co-owner explaining that you intend to seek partition if they do not cooperate. Keep copies.
Propose options: buyout, voluntary division, professional appraisal and sale, or mediation. Mediation is often cheaper and faster than court.

3. If negotiation fails, choose your remedy and counsel

Decide whether you want a partition in kind (physical division) or partition by sale (court-ordered sale and division of proceeds). The court decides the realistic remedy based on fairness and practicality.
Consider hiring a Colorado real property attorney. Partition actions involve title, accounting, valuation, and possibly complex equitable claims for credits (mortgage payments, improvements). An attorney can prepare the complaint, handle service, and represent you in hearings.

4. Prepare and file the partition complaint in district court

File in the Colorado District Court for the county where the property is located. The complaint should name all owners and any parties with recorded interests (mortgage holders, judgment lienholders, tenants, or others claiming an interest), describe the property with the legal description, state each party’s alleged interest, and ask the court to partition the property.
Request relief you want: partition in kind or by sale; appointment of commissioners to survey and divide property; appointment of a receiver to protect rents or income pending litigation; an accounting and credits for contributions; and costs/attorney fees if appropriate.
Pay the court filing fee and get a case number. If you cannot afford fees, you may apply to proceed in forma pauperis under Colorado rules.

5. Serve all defendants and allow time for response

Proper service of process is required under Colorado law. Serve every co-owner and any lienholders or claimants according to Colorado rules for service. If a defendant avoids service, the court can permit alternate service methods.
Defendants will have an opportunity to respond and raise defenses (for example, claims of superior title, liens, or that partition would be unfair). The court will set scheduling for discovery and hearings.

6. Interim relief — protect the property during the case

You can ask the court for temporary relief such as appointment of a receiver to collect rents and pay taxes, or an order preventing a co-owner from removing fixtures or selling the property during the case.
The court may require security or bond for such relief.

7. Valuation, accounting, and possible appointment of commissioners

The court may order appraisals to determine fair market value.
Colorado courts commonly appoint neutral commissioners (or referees) to inspect property, recommend division or sale method, and oversee a sale if ordered.
The court will consider credits: mortgage payments, taxes, insurance, necessary repairs, and improvements paid by any co-owner may be credited to that owner when proceeds are divided.

8. Partition in kind vs partition by sale

Partition in kind (physical division) is preferred when it is practicable and fair — e.g., large acreage that can be divided into separate parcels of near-equal value and utility.
If physical division is impractical or would prejudice the value, the court will order partition by sale. The court supervises the sale and distributes proceeds after paying liens, costs, and credits.

9. Distribution of proceeds and resolution

After sale or division the court enters a final decree allocating titles or distributing sale proceeds to the owners in proportion to their shares, subject to credits or liens.
If there are mortgage(s), the mortgage lien typically remains on the property until paid; on sale the lienholders are paid from the proceeds before owners receive their shares.

10. Appeals and post-judgment issues

A party dissatisfied with the court’s partition order may appeal under Colorado appellate procedure rules. There are strict deadlines for appeals.
If a co-owner refuses to follow the decree (refuses to sign deeds, etc.), the court can enter orders to implement the decree and, if needed, direct the county clerk to record conveyances.

Relevant Colorado law and where to read it

Colorado statutes and court rules cover partition practice and general civil procedure. Look to the Colorado Revised Statutes (property and remedies provisions) and the Colorado Rules of Civil Procedure. For statutory texts and to search for statutes that address partition and related remedies, start at the Colorado General Assembly’s statutes portal:

Colorado Revised Statutes (searchable): https://leg.colorado.gov/content/colorado-revised-statutes-crs
Colorado Judicial Branch — district court forms and procedures (filing, service, and local rules): https://www.courts.state.co.us/Forms/Forms_List.cfm

Many partition actions are governed by property law in Title 38 and civil procedure and remedies under Title 13 of the Colorado Revised Statutes and the Colorado Rules of Civil Procedure. For specific statutory language, search the CRS site above for “partition” and related sections or ask an attorney to point to the exact sections that apply to your case.

Practical timelines and costs

Timeline: from filing to final sale/decree commonly takes several months to over a year depending on complexity, objections, appraisals, and court schedules.
Costs: filing fees, service costs, appraisal fees, commissioner’s fees, attorney fees, escrow/sale costs, and possible receiver expenses. These costs typically come out of sale proceeds or are allocated by the court.

Common complications to watch for

Undisclosed or stale liens, uncleared title issues, or boundary disputes can slow the case.
Disagreements over which improvements or expenses merit credit can lead to detailed accounting disputes.
If one co-owner claims the property is exempt (homestead) or asserts that title passed outside probate, those defenses must be addressed early.

Helpful Hints

Collect documentation first: deed, probate file, mortgage and tax statements, receipts for improvements, and any written communications with the other owner.
Send a written demand and offer mediation before filing; the court may look favorably on parties who tried to settle.
Get a title search early to identify liens and required parties to include in the lawsuit.
Consider a neutral appraisal so you and the other owner start discussions from a market-value baseline.
If you need emergency protection (someone is trying to remove fixtures or sell the property), seek temporary injunctive relief from the court immediately.
If you are low on funds, ask the court about fee waivers or limited-scope help; many district courts publish self-help packets and forms.
Ask about a receiver if the property produces income (rent) or needs expense payments while the case is pending.
Keep records of any payments you make (mortgage, taxes, insurance) because courts commonly award credits for necessary payments made by one co-owner.

If you want help finding a local Colorado real property attorney experienced with partition actions, you can contact your county bar association or the Colorado Bar Association’s lawyer referral service. An attorney can review your title, run necessary searches, prepare pleadings, and represent you in court.