All persons having any interest, direct, beneficial, contingent, or otherwise, in such property shall be made parties.
Source: L. 49: p. 544, § 2. CSA: C. 122, § 25. CRS 53: § 103-1-2. C.R.S. 1963: § 103-1-2.
ANNOTATION
Law reviews. For article, "Joint Tenancy in Colorado", see 26 Dicta 313 (1949). For article, "Partition: A Little-Known Remedy", see 17 Colo. Law. 1063.
Obvious intent of the joinder requirement in this section is that all persons having interests in the real property be represented in the partition action so that they may protect their interests and be bound by the results. Fry & Co. v. District Court, 653 P.2d 1135 (Colo. 1982).
When estate beneficiaries are not indispensable parties. Estate beneficiaries are not indispensable parties to a partition action commenced by the personal representative, where the personal representative is acting on behalf of all the estate beneficiaries to segregate their collective interests in the real property to be partitioned, so that he can perform his statutory duty to settle and distribute the estate expeditiously and efficiently. Fry & Co. v. District Court, 653 P.2d 1135 (Colo. 1982).
Applied in Beardshear v. Beardshear, 143 Colo. 293, 352 P.2d 969 (1960).