C.R.S. § 38-28-101 Action - who may maintain
38-28-101. Action - who may maintain. Actions for the division and partition of real or personal property or interest therein may be maintained by any person having an interest in such property.
Partition
C.R.S. tit. 38, art. 28
in effectC.R.S. § 38-28-102 Parties
38-28-102. Parties. All persons having any interest, direct, beneficial, contingent, or otherwise, in such property shall be made parties.
C.R.S. § 38-28-103 Complete adjudication
38-28-103. Complete adjudication. The court shall make a complete adjudication of the rights of all parties to such property.
C.R.S. § 38-28-104 Process, practice, procedure
38-28-104. Process, practice, procedure. The process, practice, and procedure shall be in compliance with the Colorado rules of civil procedure then in effect.
C.R.S. § 38-28-105 Commissioners - oath - partition - objections
38-28-105. Commissioners - oath - partition - objections. Upon the entry of any order for partition, the court shall appoint one or more disinterested commissioners who shall take oath to fairly and impartially make partition of the property in accordance with the decree of court. Such commissioners shall view the property and make partition thereof in writing, assigning to each party his share, and shall submit the same to the court for confirmation. Objections may be filed by any party within the time fixed by the court.
C.R.S. § 38-28-106 Commissioners may divide land
38-28-106. Commissioners may divide land. The commissioners appointed by the court, with the approval of the court, may divide any lands involved in such action into lots or parcels, streets, and alleys and file a map or plat thereof in compliance with law and applicable ordinances.
C.R.S. § 38-28-107 Sale of property - notice
38-28-107. Sale of property - notice. If the commissioners report and the court finds that partition of the property cannot be made without manifest prejudice to the rights of any interested party, the court may direct the sale of such property at public sale upon such terms as the court may fix. Notice of such sale shall be given in the same manner as may be required by law for sales of real estate upon execution.
C.R.S. § 38-28-108 Report - confirmation - distribution
38-28-108. Report - confirmation - distribution. The person making such sale shall make report thereof to the court for confirmation, and upon confirmation, the court shall direct the execution of a proper instrument of conveyance to the purchaser. The court shall direct the distribution of the net proceeds of such sale and any undistributed income from such property among the persons entitled thereto.
C.R.S. § 38-28-109 Compensation of commissioners - fees and costs
38-28-109. Compensation of commissioners - fees and costs. The court shall fix the compensation of the commissioners and the person making the sale and may order the payment thereof, with costs, expenses, and attorney's fees, out of the proceeds of such sale or make any other order which it deems best for the payment of such compensation, fees, and costs.
C.R.S. § 38-28-110 Powers of court
38-28-110. Powers of court. The court at any time may make such orders as it may deem necessary to promote the ends of justice to completely adjudicate every question and controversy concerning the title, rights, and interest of all persons whether in being or not, known or unknown, and may direct the payment and discharge of liens and have the property sold free from any lien or may apportion any lien among the persons to whom the partition is made.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://leg.colorado.gov/sites/default/files/images/olls/crs2024-title-38.docxFetched: 10/6/2026