How to Start a Partition Lawsuit for Inherited Land in Colorado | Colorado Partition Actions

Detailed answer: How to start a partition action under Colorado law

Short summary: If you and your relatives own inherited land together and some co-owners refuse to agree on dividing or selling it, you can file a partition action in Colorado district court asking the court either to divide the property among the owners (partition in kind) or sell it and divide the proceeds (partition by sale). This article explains who can file, what the court will consider, the typical process, likely outcomes, and practical steps to prepare.

Statutory basis and where to read the law

Partition suits are civil actions in Colorado. The law affecting property rights and partition is in the Colorado Revised Statutes (Title 38, Property) and Colorado civil procedure rules. You can review Colorado statutes and search for partition-related provisions at the Colorado General Assembly’s statute site: https://leg.colorado.gov/statutes. For local court form information and filing procedures, see the Colorado Judicial Branch court forms and civil procedures: https://www.courts.state.co.us/Forms/.

Who can file a partition action?

Any co-owner of the property (including tenants in common) may file a partition action. Cotenants typically include heirs who inherited the property, grantees who hold concurrent title, or others with an ownership interest.
A sole owner cannot partition the property against themselves; partition applies to property owned by two or more persons.

What will the court do? Partition in kind vs. partition by sale

The court has two primary remedies:

Partition in kind (division of the land): The court may divide the land physically so each co-owner receives a separately owned parcel roughly equal to their ownership share. Courts prefer this when a fair division is practical and won’t materially harm value or use.
Partition by sale: If in-kind division is impractical (for example, a single small parcel that cannot be divided without diminishing value or interfering with access), the court may order sale of the property and distribution of proceeds among the owners according to their ownership shares. The court may appoint commissioners or a referee to handle the sale and distribution.

Step-by-step: How to start a partition lawsuit in Colorado

Confirm ownership and shares. Collect deeds, wills, probate orders, or any documents that show who owns what percentage of the property.
Try to reach agreement (optional but recommended). Send a clear written notice that you intend to seek partition if the co-owners will not negotiate. Mediation or a buyout offer may avoid litigation and expense.
Prepare the complaint for partition. The complaint should identify the property (legal description or county assessor parcel number), list all co-owners and their interests, state your allegation that the property cannot be partitioned by agreement, and ask the court to order partition in kind or sale and appoint commissioners or a receiver as needed. Ask for allowance of costs, accounting for rents or profits, and attorney’s fees if the facts support it.
File in the correct court and county. File your complaint in the District Court in the county where the property is located. Pay the filing fee (fees vary by county).
Serve the co-owners and necessary parties. Proper service of process on all parties with an ownership interest is required. If there are mortgage holders, lienholders, or other interested parties, they must be named and served so their rights are preserved.
Respond to pleadings and attend hearings. After service, defendants can answer, file counterclaims, or raise defenses. The court may schedule conferences, appoint commissioners, or set the case for trial.
Commissioners, surveys, and appraisals. If the court orders partition in kind or sale, it may appoint disinterested commissioners to survey, value, and divide the property or to oversee the sale. The court will consider survey and appraisal evidence when deciding the best method to divide or sell.
Sale and distribution. If the court orders sale, it will direct how the property is marketed and sold (often at public auction or private sale approved by the court). After sale, the court will pay liens, taxes, expenses, and distribute net proceeds according to ownership shares.

What factors will the court consider?

Whether physical division is practical without materially decreasing value.
Each owner’s percentage interest.
Existing encumbrances such as mortgages, judgment liens, or easements.
Whether any co-owner has been paying major costs (mortgage, taxes, maintenance) and whether accounting or credits are due.
Equitable factors — the court has discretion to order sale when division would be unfair or impractical.

Costs, timeline, and risks

Partition litigation can be time-consuming and costly. Typical items of cost include court filing fees, service fees, surveyor and appraisal costs, commissioners’ or referee fees, title work, advertising and sale costs, and attorney fees. A straightforward partition may take several months; contested, complex matters (boundary disputes, title issues, multiple liens) can take a year or more.

Practical issues specific to inherited land

If inherited in probate, confirm whether the probate court fully distributed title to the heirs. A pending probate may complicate or delay a partition action.
Mortgage and tax obligations: Outstanding mortgage(s) and property taxes survive inheritance and must be resolved or paid out of sale proceeds.
Boundary and access: The existence of shared driveways, access easements, or environmental restrictions may limit the court’s ability to divide land practically.
Co-owners living on the property: A co-owner occupying the property may affect the court’s accounting (rent or occupancy credit) and the court may require rent or allow setoffs.

Alternatives to filing suit

Negotiate a buyout: One owner buys out others at an agreed price supported by appraisal.
Mediation or neutral valuation: Use a mediator to reach compromise on division or sale terms.
Partition by agreement: Cotenants can record a deed dividing the property if they reach terms and complete surveys and deeds.

How to prepare before filing

Gather title documents: deeds, wills, probate orders, mortgage statements, prior surveys.
Get a recent appraisal or market analysis to understand value and whether division is feasible.
Identify liens and encumbrances through a title search.
Collect records of payments: who paid mortgage, taxes, insurance, major repairs — for possible accounting claims.
Talk to the other co-owners in writing and document negotiation attempts; courts like to see parties tried to resolve disputes.

Finding legal help in Colorado

A partition suit raises complex property, title, and equity issues. Consult a Colorado real property or probate attorney who handles partition litigation. You can find local attorneys through the Colorado Bar Association or by contacting the court’s self-help or legal resources page for referrals. The Colorado Judicial Branch site is a good starting point for court forms and local procedural rules: https://www.courts.state.co.us/.

Important disclaimer

This information explains general Colorado law and options about partition actions but is not legal advice. It does not create an attorney-client relationship. For advice that applies to your specific situation, consult a Colorado attorney experienced in partition and real property law.

Helpful hints

Before filing, try a written buyout offer or mediation; litigation is often costly and unpredictable.
Collect documentary proof of ownership and expenses early — it speeds the process and protects your share.
Order a title search and current mortgage payoff quotes to learn which liens will come off the top of any sale proceeds.
Get at least one independent appraisal to inform buyout offers or the likelihood of a successful in-kind partition.
If you suspect co-owners are wasting or damaging the property, ask a lawyer about temporary injunctive relief to preserve value while the case proceeds.
Be prepared for the court to appoint neutral commissioners or a referee to handle the technical division, survey, or sale — that adds time and cost but helps ensure fairness.
Keep communication records (emails, letters, texts) with other co-owners; courts often consider whether owners attempted to resolve disputes before suing.