In the realm of real estate law, a partition action is a legal proceeding used to divide property shared by co-owners when they cannot agree on its distribution. This often arises among co-owners who inherit property or co-investors in real estate when one party wants to sell the property, and the other does not. This article aims to shed light on the step-by-step process of a real estate partition action in Colorado.

Step 1: Hiring a Denver Real Estate Attorney

Partition actions can be a complex and daunting task. It’s highly recommended to hire a knowledgeable Denver Real Estate Lawyer who can guide you through the legal process, clarify your rights and obligations, and represent your interests effectively.

Step 2: Filing a Partition Action Complaint

The initiating co-owner, also known as the plaintiff, will file a partition action complaint with the court. This document typically identifies the property, describes the nature of the plaintiff’s ownership, lists all other co-owners (defendants), and states the request for the property to be partitioned.

Step 3: Serving the Complaint

Once the partition action is filed, it must be properly served to all other co-owners. This typically involves delivering a copy of the complaint and a summons to each defendant.

Step 4: Responding to the Complaint

The co-owners (defendants) have a set period, usually about 20 days in Colorado, to file a response to the complaint. Failure to respond could result in a default judgment in favor of the plaintiff.

Step 5: Appointing a Commissioner

If the court determines that a partition action is appropriate in Colorado, it will appoint a referee, called a commissioner. This person is usually an impartial third-party attorney or real estate expert. Their job is to evaluate the property, recommend how it should be partitioned, and, in some cases, oversee the property’s sale.

Step 6: Commissioner’s Report

The commissioner will assess the property and prepare a report detailing their findings and recommendations. The report is given to the court and typically shared with all parties involved in the partition action.

Step 7: Court Order for Partition

Upon receiving the commissioner’s report, the court will issue an order to partition the property according to the commissioner’s recommendations. The property can either be partitioned in kind (dividing the property) or by sale (selling the property and dividing the proceeds).

The method depends on the specific circumstances of the case. An important part of determining whether a property is partitioned in kind or by sale is whether it is practical to physically divide the property without prejudice to one or both parties.

Step 8: Distribution of Proceeds or Property

Finally, if the property is sold, the proceeds will be divided among the co-owners as per the court’s order. If the property is divided in kind, new deeds reflecting the partition will be issued.

An Ally in Your Corner

Navigating a partition action in Colorado can be a complex process, but with a clear understanding of the steps involved and the guidance of an experienced Colorado real estate attorney, co-owners can resolve their disputes effectively. 

At Baker Law Group, we pride ourselves on offering our clients expert guidance and personalized service to help them through this potentially challenging process. Remember, when it comes to defending your property rights, Baker Law Group is your trusted ally.