Partition Lawsuit Lawyer in Colorado

How do I remove someone from the deed to my house?

The answer to this question may involve a partition lawsuit. It is a common misconception that a person can just “remove” another person from the deed. If you need to remove someone from co-ownership of your property, contact Volpe Law for more information at 720-770-3457 or by completing our consultation request form.

What is a partition lawsuit?

Partition proceedings in Colorado are statutory in nature. Colorado Revised Statute 38-28-101 says “Actions for the division and partition of real or personal property or interests therein may be maintained by any person having an interest in such property.” In other words, the law provides a judicial process and remedy for people who need to split up ownership of property. This involves a judge equitably dividing the property by looking at each owner’s contributions toward the property.

Who are the parties to a partition case?

Anyone having an interest in the property shall be made parties, according to C.R.S. 38-22-102. If you are the plaintiff, you’ll want to run a title report to identify all potential parties to the case prior to moving forward.  This will help you identify who should be involved in the lawsuit.

What is the role of the court in a partition case?

The law states that a judge must order a complete adjudication as to the rights of the parties in the property involved. C.R.S. 38-28-103. The court will preside over the case and ensure the parties comply with the rules of procedure. Ultimately, upon the court entering an order to partition the property, a commissioner will be appointed to evaluate the property and assign each party their share of the property, which the court will confirm. The commissioner may also have the ability to subdivide the land with the county or sell the property so the proceeds can be distributed equitably to the parties/owners. C.R.S. 38-28-106-107. So goes the interplay between a partition “in kind” and a partition “by sale,” which choice will be made based on a showing of manifest prejudice. If there are any liens on the property, those liens will be ordered paid off.

What about partition and divorce?

Typically, assets will be divided up in a divorce decree by a district court judge. However, a party may seek a partition after a divorce decree if the partition does not conflict with the explicit provisions of the divorce decree. Wilson v. Prentiss, 140 P.3d 288, 292 (Colo. App. 2006). This is because, if the property division was not dealt with in the dissolution proceeding, a person has the right to adjudicate his/her rights in property. Forfeiture of property rights is disfavored.

Alternative Dispute Resolution in Partition Actions.

Alternative Dispute Resolution (ADR), such as negotiations or mediation, is a favored method of resolving partition disputes. It can save the parties on fees and costs and allow a path to resolution without appointing and paying a commissioner and finishing out the litigation. Usually one party will end up wanting the house (if it’s a house) more than the other party, and a buy-out becomes a viable solution. This may require calls to various lenders to determine whether the financing necessary to buy out the other owners is available.

Contact a Partition Litigation Lawyer in Colorado Today.

At Volpe Law, our partition attorneys represent clients who want efficient and effective solutions to property disputes. Contact Us Today either by filling out the online form or calling us at 720-770-3457 to schedule a free Consultation.

DISCLAIMER

The information contained on this website is provided for informational purposes only. It is not legal advice and should not be construed as providing legal advice on any subject matter. Laws frequently change and therefore this content is not necessarily up to date, nor comprehensive. Contact us or another attorney with any legal questions specific to your matter. You may request a consultation by completing our consultation request form.