The court shall make a complete adjudication of the rights of all parties to such property.
Source: L. 49: p. 544, § 3. CSA: C. 122, § 26. CRS 53: § 103-1-3. C.R.S. 1963: § 103-1-3.
ANNOTATION
Agreement not to partition implied. If it appears the tenants in common of a tract of land have formulated plans and entered into agreements in reference to the management of the common property and the plans and agreements are of such a character that to grant partition would be to destroy the mutual agreement of the parties, then an agreement not to partition will be implied. Twin Lakes Reservoir & Canal Co. v. Bond, 157 Colo. 10, 401 P.2d 586 (1965).
Court may offset contribution to reach equitable result. Once the property has been divided, the court may then, to reach an equitable result, compute the contribution of each tenant and offset any amount owing against the one-half share held by each tenant. Martinez v. Martinez, 638 P.2d 834 (Colo. App. 1981); Keith v. El-Kareh, 729 P.2d 377 (Colo. App. 1986).
Applied in Harrod v. Harrod, 34 Colo. App. 172, 526 P.2d 666 (1974).