Detailed Answer
This section explains what a lawyer will need from you to open a partition action under Colorado law and why each item matters. A partition action asks the court to divide or sell real property when co-owners cannot agree. Colorado partition law is governed by the Colorado Revised Statutes (see Colorado Revised Statutes, Title 13, Article 40 for the statutory framework).
Core information your lawyer will ask for
- Full names, current mailing addresses, phone numbers, and email addresses for every recorded owner and any other person or entity with an interest in the property (heirs, beneficiaries, trustees, lienholders).
- The property’s legal description (from the deed) and the physical/street address. The legal description is critical for the court complaint and the county clerk’s records.
- How you own the property (tenancy in common, joint tenancy, trust ownership, corporation, LLC, etc.).
- A clear statement of the outcome you want (partition in kind/physical division, buyout by one co-owner, or a sale with the proceeds divided).
- Any important dates and a short timeline: when you acquired your interest, when other owners acquired theirs, and any relevant incidents (e.g., someone moved out, improvements, or disputes).
Documents to provide (checklist)
- All deeds and title documents for the property (the deed that shows current ownership and any prior deeds you have).
- Title report or preliminary title commitment if you have one; otherwise your attorney will order a title search.
- Mortgage statements, payoff statements, and copies of any promissory notes secured by the property.
- Recorded liens or judgments affecting the property (tax liens, judgment liens, mechanic’s liens), and the documents that created them.
- Property tax records and the parcel number (assessor records).
- Survey, plat map, or legal description from the deed; any boundary or topographic surveys.
- Copies of leases, rental agreements, or proof of occupancy if the property is rented. Include rent rolls and security deposit records.
- Records of repairs, improvements, receipts, invoices, contractor agreements, and payments that show contributions to the property’s value.
- Insurance policies and insurance claim records related to the property.
- HOA or condominium documents, bylaws, covenants, conditions and restrictions (CC&Rs), and any outstanding HOA assessments.
- Any written agreements among the owners about use, sale, buyouts, or management of the property (including email or text communications that show agreement or dispute).
- Copies of wills, trust documents, death certificates, probate court filings, or beneficiary designations if an owner is deceased or the property is in a trust.
- Powers of attorney, corporate or LLC operating agreements, meeting minutes, or resolutions that relate to property decisions when an entity or agent holds an interest.
- Appraisals or recent broker price opinions (if available).
- Any notices, lawsuits, or court papers already filed about the property (including prior partition actions or related disputes).
- Evidence of possession and contribution: bills paid (utilities, taxes), mortgage payments you made, or proof you physically occupied or maintained the property.
Why each item matters
- Title and deed documents identify who must be named in the complaint. Colorado courts require that all persons with an interest be joined so the court can divide or sell the property finally.
- Liens and mortgages affect the net proceeds from any sale and must be resolved in the case.
- Leases and occupancy records affect the property’s value and the court’s practical options (e.g., selling subject to a lease).
- Survey and legal description are necessary for any partition in kind (physically dividing the property) and for the court’s order.
- Evidence of improvements, payments, and possession supports requests for contribution or reimbursement among co-owners when proceeds are distributed.
Typical early case steps your lawyer will take
- Order a title search and pull public records to identify all parties with an interest.
- Review deeds, liens, and any encumbrances to determine how proceeds may be distributed.
- Send a demand or notice to co-owners if appropriate and try negotiation or mediation first (courts often favor resolving disputes without litigation).
- If litigation is necessary, prepare and file a complaint for partition and arrange service on all interested parties per Colorado procedure.
- Seek temporary relief if needed (appointment of a receiver, orders for rents, or to preserve the property pending the case).
Timing and practical considerations
Provide documents as soon as possible. Missing parties or undisclosed liens can delay a case. If an owner is in bankruptcy, the automatic stay can affect timing. If an owner is deceased or mentally incapacitated, probate or guardianship issues can add steps. Your lawyer will identify these issues once they review your materials.
Key Colorado statute reference
Colorado’s partition laws are codified in the Colorado Revised Statutes. See Title 13 (Courts and Court Procedure), Article 40 (Partition). You can review the statutes and statutory procedures on the Colorado General Assembly website: Colorado Revised Statutes (Colorado General Assembly). Your attorney will use the relevant sections of Title 13, Article 40 when preparing the case.
Helpful Hints
- Start with original documents if you have them; provide certified copies when originals are unavailable.
- Create a single folder (digital and/or physical) labeled with the property address and include a simple timeline of key dates and events.
- Scan and organize communications with co-owners (emails, texts). Chronological threads help your lawyer understand attempts to resolve disputes before filing.
- If any owner is in bankruptcy, provide the bankruptcy case number and counsel contact information immediately.
- Ask your lawyer to order title and survey early — that will reveal unknown mortgage liens or easements that affect remedies.
- Consider valuation early: a current appraisal or CMA helps assess whether partition in kind is feasible versus an ordered sale.
- Keep records of payments related to the property (mortgage, taxes, utilities) to support claims for contribution or reimbursement.
- Be honest and complete. Undisclosed interests, tenants, or claims can lead to additional parties and delay or increase costs.
- Explore mediation or buyout options before filing; a negotiated resolution often saves time and expense compared to litigation.
Disclaimer: This article is informational only and does not constitute legal advice. It is not a substitute for consulting a licensed Colorado attorney about your specific situation. Laws change; speak with counsel to apply the law to your facts.