Colo. Rev. Stat. » Title 38
Colorado Revised Statutes

Colo. Rev. Stat. § 38-28-101 (2026)

Action - who may maintain

✓ current as of July 2026
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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.

Source: L. 49: p. 544, § 1. CSA: C. 122, § 24. CRS 53: § 103-1-1. C.R.S. 1963: § 103- 1-1.

Notes of Decisions
Cited in 17 cases (5 in the last 5 years), 1980–2026 · leading case: Beach v. Beach, 74 P.3d 1 (Colo. 2003).
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Beach v. Beach, 74 P.3d 1 (Colo. 2003). · cites it 18× “The court of appeals held that, as a life tenant, the mother has a right to seek parti *2 tion from the daughter's non-concurrent remainder interest pursuant to section 38-28-101, 10 C.R.S. (2002). We reverse.”
First Nat'l Bank v. Energy Fuels Corp., 618 P.2d 1115 (Colo. 1980). · cites it 6× “Section 38-28-101, C.R.S. 1973. If the partition prejudices any interested party, a court may order the sale of the real property and each co-owner will receive their aliquot share of the sale price.”
Wilson v. Prentiss, 140 P.3d 288 (Colo. Ct. App. 2006). · cites it 3× “2005. When doing so, the court has the power to enter such orders as it deems necessary to promote the ends of justice to completely adjudicate every question and controversy concerning title, rights, and interests.”
Karen Wynkoop v. Gerard Stratthaus, 2016 VT 5 (Vt. 2016). · cites it 2× “, Colo. Rev. Stat. Ann. § 38-28-101 . Although certainly the Legislature could have specifically included leaseholds, or, more generally, personal property, within the property interests for which statutory partition is available, it has not done so.”
Beach v. Beach, 56 P.3d 1125 (Colo. Ct. App. 2002). · cites it 5× “Section 38-28-101, C.R.S.2001, states that '"Tajlctions 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" (emphasis added).”
Fry & Co. v. Dist. Court Ex Rel. Cnty. of Adams, 653 P.2d 1135 (Colo. 1982). · cites it 5× “See sections 38-28-101 to -110, C.R.S.1973 (1982 Repl.”
Zick v. Krob, 872 P.2d 1290 (Colo. Ct. App. 1993). · cites it 2× “See § 38-28-101, C.R.S. (1982 Repl.Vol. 16A).”
Young Props. v. Wolflick, 87 P.3d 235 (Colo. Ct. App. 2003). “In December 2000, the Youngs filed a complaint for partition, pursuant to § 38-28-101, et seq., C.R.S.2003, seeking the sale of a 227-acre parcel of real property located in Ouray County, Colorado.”
Fed. Deposit Ins. Corp. v. Mars, 821 P.2d 826 (Colo. Ct. App. 1991). “Normally, if co-tenants have a common interest in real or personal property, either party may have the property divided pursuant to the partition statute, § 38-28-101, et seq. C.R.S. (1982 Repl.Yol.”
Martinez v. Martinez, 638 P.2d 834 (Colo. Ct. App. 1981). “Section 38-28-110, C.R.S.1973, provides: “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,…”
Colorado Korean Ass'n v. KOREAN SEN. ASS'N., 151 P.3d 626 (Colo. Ct. App. 2006). · cites it 5× “Section 38-28-101, C.R.S.2006, provides that "[a]ctions 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.”
In Re W.O.L.F., 574 B.R. 233 (Bankr.D. Colo. 2017). · cites it 4× “” Debtor contends that this language eliminated any right Wendland had to seek partition under Colo. Rev. Stat. §§ 38-28-101 et seq. The parties then agreed to return to this Court for an order interpreting this language.”
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