Colorado Partition Actions

Learn About Dividing Jointly Owned Property Through a Partition Action in Colorado

For unmarried couples that are separating, dealing with joint ownership of property often requires compliance with Colorado’s partition statutes. The legal framework that applies in the context of a divorce doesn’t apply in the context of a separation; and, when separating partners cannot reach a mutual agreement, they must generally go through the formal legal process of pursuing a Colorado partition actions under Colorado law.

Going through a separation in Colorado presents many of the same legal considerations as going through a divorce. But, while divorcing spouses must divide their marital property according to Colorado’s equitable division statute (or have a court divide their marital property for them), unmarried partners must often rely on Colorado’s partition statutes instead.

Experienced Attorneys for Colorado Partition Actions

If you need to deal with jointly owned real estate or any other jointly owned property during a separation, our attorneys can help. We rely on extensive experience to assist clients with partition actions involving both personal and real property. Our attorneys are intimately familiar with the real estate laws and other laws that come into play in this scenario; and, while we fight for our clients’ property rights in district court when necessary, we also work to achieve amicable resolutions whenever possible.

Property Division for Unmarried Couples in Colorado

There are two types of partition actions in Colorado. In many cases, the court will appoint a disinterested commissioner to determine which type of partition action is most appropriate under the circumstances at hand.

While pursuing a partition action can seem like a complex process, we work to simplify the process as much as possible, and we work closely with our clients to ensure that they have the insights they need to make informed decisions and avoid an unfair result.

Partition in Kind

The first type of partition action is a partition in kind. With a partition in kind, the court physically divides the property in question and awards separate portions to each party. After a partition in kind, each party has an undivided ownership interest in his or her portion of the property.

While physical division can be suitable for certain types of property, it generally isn’t an option for real property disputes involving residential property that cannot be divided into two separate parcels. In these cases, it will be necessary to conduct a partition by sale.

Partition By Sale

The second type of partition action is a partition by sale. If the court determines that a partition by sale is warranted, the court may appoint a real estate expert to evaluate the property and oversee the sale process. In a partition by sale, the parties will sell the property in question, and then each of the owners receives a portion of the sale proceeds.

It is not unusual for disputes to arise during partitions by sale; and, when a dispute arises, targeting a settlement will often be the best approach. If desired, we can target a settlement on your behalf.

FAQs: Partition Actions in Colorado

Is a partition action an option for personal property, or just real estate?

In Colorado, partition actions can be used to divide jointly owned real or personal property. If co-owners of a piece of personal property cannot agree what to do with the property (i.e., in the event of a separation of unmarried partners), they can file a partition action to secure a final resolution.

What qualifies as “manifest prejudice” in a Colorado partition action?

The Colorado courts will only order a partition by sale if a partition in kind would result in “manifest prejudice” to one or both parties. Manifest prejudice exists when physically dividing the property would be impractical, result in substantial loss of market value, or violate state or local law.

What is the difference between a partition action and an action to quiet title?

A partition action is used to determine co-owners’ respective property rights, while an action to quiet title is a civil action filed by a party claiming rights in property owned (or purportedly owned) by another party. Quiet title actions are complex legal actions used to establish a party’s interest in a piece of property over another party’s objection. Our experienced attorneys handle these actions on behalf of title owners and other parties as well.

Contact the Colorado Family Law Attorneys at Dolan + Zimmerman

If you need to know more about partition actions in Colorado, we invite you to get in touch. Call 303-593-1874 or get in touch online to schedule a confidential consultation with an experienced attorney.