Partition of Real Property in Colorado

With increasing different forms of families, many couples are buying property together but choose to remain unmarried. When they go to split up, without a divorce action to deal with the issue of asset divisions, the dividing, selling or refinancing the property often becomes an issue. If the parties are unable to agree on a resolution, often the filing of a partition action is necessary.

In Colorado, a partition action refers to a legal process that allows co-owners of a property, such as real estate, to seek a court order for the division or sale of the property when they cannot agree on how to manage or dispose of it. The purpose of a partition action is to resolve conflicts and disputes among co-owners and provide a fair and equitable resolution regarding the property.

Here are some key aspects of a partition action in Colorado:

1. Co-ownership Dispute: A partition action typically arises when co-owners of a property cannot agree on how to use, manage, or dispose of the property. This disagreement could be due to differing financial interests, conflicting visions for the property, or strained relationships.
2. Petition for Partition: To initiate a partition action, one or more co-owners must file a petition with the appropriate Colorado court. The petition outlines the nature of the co-ownership, the reasons for seeking partition, and the desired relief (either division or sale of the property).
3. Division or Sale: After the petition is filed, the court will consider various factors, including the co-owners’ interests, the nature of the property, and the practicality of division. If the property can be fairly divided among the co-owners, the court may order a physical division. However, if division is not feasible or would result in unfair outcomes, the court may order a sale of the property.
4. Fair Distribution: In a partition action involving a property sale, the court ensures that the proceeds are distributed equitably among the co-owners based on their ownership interests. The court may consider various factors, such as the contributions made by each co-owner, financial investments, and any other relevant circumstances.
5. Court Supervision: Throughout the partition action process, the court maintains oversight and may issue orders to facilitate the partition, appoint a referee or receiver to manage the property during the proceedings, or resolve any disputes that arise during the process.

It’s important to consult with a qualified attorney experienced in Colorado real estate and property law to navigate the partition action process effectively. They can provide specific guidance based on your unique circumstances and help protect your rights and interests as a co-owner of the property.

Please consult with an experienced family law attorney to answer any questions you may have. Marc Patoile may be reached at 303-688-3045.