Steps to File a Court Petition for Partition of Real Property in Colorado
Detailed Answer
When multiple relatives co-own land and cannot agree on its use or disposition, Colorado law allows any co-owner to seek a partition action. You file this in the district court of the county where the property lies under C.R.S. § 13-40-101 et seq. (see C.R.S. § 13-40-101).
1. Verify Ownership and Interests
Obtain a certified copy of the current deed from the county clerk’s office. Confirm each relative’s legal interest (undivided fractional share). Record chain of title and any liens.
2. Attempt Voluntary Partition or Buyout
Colorado courts favor voluntary resolution. Offer to divide the land by lot or sell it and split proceeds. Document all efforts in writing; courts review these attempts.
3. Prepare the Complaint for Partition
Draft a complaint including:
- Identification of the property by legal description.
- Names and addresses of all co-owners (defendants).
- A statement of each owner’s share.
- Your requested relief: partition in kind (physical division) or partition by sale.
File under C.R.S. § 13-40-104 (link).
4. File the Complaint and Pay Fees
Submit the complaint and pay the district court filing fee (varies by county). Request issuance of summons against each co-owner. The court assigns a case number.
5. Serve Summons and Complaint
Serve each co-owner personally or by certified mail with return receipt. File proof of service with the court.
6. Appointment of Commissioners
If the court orders partition in kind, it appoints three disinterested commissioners to survey and divide the land. See C.R.S. § 13-40-107 (link).
7. Report and Hearing
Commissioners submit a written report showing proposed division or sale plan. The court holds a hearing to confirm or modify the report.
8. Final Order and Distribution
After confirmation, the clerk issues deeds to each party or a sheriff’s deed to the purchaser at sale. The court may apportion costs and fees among co-owners.
Disclaimer: This article provides general information on Colorado partition actions. It does not constitute legal advice. Consult a licensed attorney in your area for specific guidance.
Helpful Hints
- Start early: title searches and voluntary negotiations can take weeks.
- Keep clear records of all written communications and offers.
- Consult local court rules for formatting requirements.
- Consider mediation to reduce court costs.
- Hire a surveyor if physical division is complex.