How to Initiate or Consent to a Partition Action in Colorado

Disclaimer: This article provides general information only and does not constitute legal advice. Always consult a licensed attorney for guidance on your specific situation.

Detailed Answer

Partition actions in Colorado allow co-owners of real property to divide or sell land when they cannot agree on its use. You may either initiate the action or consent to a court-appointed commissioner under C.R.S. Title 38, Article 29.

1. Verify Your Status as a Co-Owner
   Ensure you hold legal title or an equitable interest in the property. Only record owners or persons with recognized interests may file or consent.
2. Prepare and File a Complaint for Partition
   Under C.R.S. § 38-29-101, draft a complaint identifying all co-owners, a legal description of the property, and whether you seek division in kind or sale. File this with the district court in the county where the property lies and pay the required filing fee.
3. Serve Co-Owners
   Serve each co-owner with a summons and a copy of your complaint per Colorado Rules of Civil Procedure 4. Ensure proper service to establish jurisdiction.
4. File Consents and Affidavits
   If co-owners agree, they may file written consents under C.R.S. § 38-29-102. Include any stipulation regarding division in kind or sale and agreement to appoint a commissioner.
5. Court Appointment of Commissioner
   Per C.R.S. § 38-29-109, once the court finds the property cannot be divided without prejudice, it appoints a disinterested commissioner. Parties may agree on one or request the court choose.
6. Commissioner’s Report and Sale Procedure
   The commissioner surveys or sells the property under C.R.S. §§ 38-29-110 to 38-29-114. They advertise the sale, conduct bidding, and report highest offer to the court.
7. Objections and Confirmation
   After the commissioner’s report, co-owners may file objections. If none or if objections are overruled, the court confirms the sale or division.
8. Distribute Proceeds or Title
   The court directs distribution of sale proceeds per ownership interests. If divided in kind, titles transfer accordingly.

Key Statutes

• C.R.S. § 38-29-101 (Commencement of action)
• C.R.S. § 38-29-102 (Consent of co-owners)
• C.R.S. § 38-29-109 (Appointment of commissioner)
• C.R.S. §§ 38-29-110 to 38-29-114 (Powers and duties of commissioner)

Helpful Hints

• Review the property’s deed to confirm all named owners and their interests.
• Consider mediation before filing to save time and costs.
• Keep detailed records of service and consents to avoid procedural delays.
• Ask the court for alternative dispute resolution options if disagreements arise after filing.
• Hire a surveyor early if planning to divide the land in kind.