Partition Actions for Unmarried Couples in Colorado: Dividing Jointly Owned Property
Unmarried couples in Colorado cannot use family court to divide real estate after a breakup. To force the sale of a jointly owned home, you must file a civil partition lawsuit in the local District Court, where the judge will equitably divide the equity.
Buying a home together is a major milestone for unmarried couples in cities like Denver, Fort Collins, and Aurora. However, if the relationship ends, dividing that shared asset can become legally complicated. Unlike married couples who can rely on divorce courts to distribute property fairly under marital laws, unmarried partners do not have access to the family court system for property division. If both of your names are on the deed and you cannot agree on who gets the house or how to sell it, you must navigate the civil court system.
The legal mechanism used to force the sale of jointly owned real estate between unmarried individuals is called a partition action. This lawsuit ensures that the property is liquidated and the equity is fairly distributed based on each partner's financial contributions. Navigating this process requires civil litigation experience, so it is advisable to connect with a qualified local attorney through our US Attorney Directory to protect your financial interests.
Understanding Joint Ownership in Colorado
Before filing a partition lawsuit, you must understand how you own the property. In Colorado, unmarried couples typically take the title in one of two ways:
Joint Tenancy with Right of Survivorship: This means both partners own an equal 50/50 undivided interest in the property. If one partner passes away, their share automatically goes to the surviving partner.
Tenancy in Common: This allows partners to own unequal shares (e.g., 70/30). If one partner passes away, their share goes to their heirs, not necessarily the surviving partner. Regardless of how the title is held, either partner has the right to file a partition action under C.R.S. § 38-28-101 to force a sale.
Ouster: When One Partner Refuses to Leave
A common issue during a breakup is that one partner remains in the home, changes the locks, and refuses to let the other partner enter or sell the property. In legal terms, this is known as an "ouster." Because both partners have an equal right to access and possess the home, locking a co-owner out is legally problematic.
If you have been ousted from your home in Colorado, you can file a partition action in your local court, such as the Denver District Court, Denver or the Arapahoe County District Court, Centennial. During the partition proceedings, the judge can order the ousted partner to be compensated for the "fair rental value" of the property for the time they were illegally excluded from their own home.
Dividing the Equity: Who Gets What?
A partition action is not just about forcing the sale; it is also an "accounting" process. The court will look at the financial realities of the ownership to prevent one partner from being unjustly enriched at the expense of the other.
Reimbursement for Improvements and Down Payments
If the deed says you own the home 50/50, the starting point for the court is a 50/50 split of the proceeds. However, this can be adjusted. If you paid the entire $50,000 down payment from your personal savings, or if you paid for a $20,000 kitchen remodel that increased the home's value, you can petition the court for reimbursement.
You will need to provide strong documentary evidence-such as bank statements, contractor invoices, and canceled checks-to prove your unequal contributions. The court may credit you for these expenses from the final sale proceeds before the remaining equity is divided.
| Contribution Type | Impact on Partition Proceeds | Evidence Needed in Court |
|---|---|---|
| Unequal Down Payment | May result in a larger share of the initial equity returned to the paying partner. | Bank wire transfers, closing documents. |
| Mortgage Payments | The court may grant a credit to the partner who paid the monthly mortgage alone. | Monthly bank statements showing deductions. |
| Maintenance & Utilities | Routine bills are generally considered shared living expenses and rarely reimbursed. | Usually not applicable. |
| Major Improvements | Reimbursed based on how much the improvement increased the home's market value. | Appraisal reports, contractor receipts. |
How Long Does a Partition Lawsuit Take?
In Colorado, a partition action is a formal civil lawsuit initiated by filing a complaint in the District Court along with Form JDF 601, Colorado, Judicial Branch, District Court Civil Cover Sheet, requiring a $265 court filing fee under C.R.S. § 13-32-101(1)(d). If your ex-partner actively fights the lawsuit, disputes the accounting, and forces the case to trial, the process can take anywhere from 8 to 14 months. However, most unmarried couples realize that fighting in court only drains their equity through attorney fees. In many cases, filing the lawsuit acts as a catalyst, prompting the uncooperative partner to agree to a private sale or a buyout within just a few months.
Frequently Asked Questions (FAQ)
Can I force my ex to buy me out of the house in Colorado?
A court cannot force your ex-partner to buy you out. Under C.R.S. § 38-28-107, Colorado law does not provide an automatic right of first refusal. A buyout is only possible through voluntary agreement during mediation or by having your ex place an open bid during the sale conducted by a court-appointed commissioner or commercial broker.
What happens if the mortgage is in only one person's name?
The deed (title) determines ownership, not the mortgage. If both names are on the deed, both own the property. However, the person whose name is on the mortgage remains legally responsible for the debt to the bank until the home is sold or refinanced.
Does Colorado recognize common law marriage for property division?
Colorado does recognize common law marriage. If you meet the legal criteria for a common law marriage, you would need to file for a formal divorce in family court, rather than a civil partition action. A family law judge would then divide the assets.
Who pays the mortgage while the partition lawsuit is pending?
Both partners should ideally continue to pay the mortgage to protect their credit scores. If one partner refuses, the other may have to pay the full amount to prevent foreclosure and ask the court for a credit during the accounting phase.
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