Title 38, Property - Real and Personal
0 chapters · 857 sections in this title.
Colo. Rev. Stat. § 38-28-101 Action - who may maintain
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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.
Colo. Rev. Stat. § 38-28-102 Parties
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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.
Colo. Rev. Stat. § 38-28-103 Complete adjudication
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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.
Colo. Rev. Stat. § 38-28-104 Process, practice, procedure
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The process, practice, and procedure shall be in compliance with the Colorado rules of civil procedure then in effect. Source: L. 49: p. 544, � 4. CSA: C. 122, � 27. CRS 53: � 103-1-4. C.R.S. 1963: � 103-1-4.
Colo. Rev. Stat. § 38-28-105 Commissioners - oath - partition - objections
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Upon the entry of any order for partition, the court shall appoint one or more disinterested commissioners who shall take oath to fairly and impartially make partition of the property in accordance with the decree of court. Such commissioners shall view the property and make part…
Colo. Rev. Stat. § 38-28-106 Commissioners may divide land
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The commissioners appointed by the court, with the approval of the court, may divide any lands involved in such action into lots or parcels, streets, and alleys and file a map or plat thereof in compliance with law and applicable ordinances. Source: L. 49: p. 544, � 6. CSA: C. 12…
Colo. Rev. Stat. § 38-28-107 Sale of property - notice
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If the commissioners report and the court finds that partition of the property cannot be made without manifest prejudice to the rights of any interested party, the court may direct the sale of such property at public sale upon such terms as the court may fix. Notice of such sale …
Colo. Rev. Stat. § 38-28-108 Report - confirmation - distribution
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The person making such sale shall make report thereof to the court for confirmation, and upon confirmation, the court shall direct the execution of a proper instrument of conveyance to the purchaser. The court shall direct the distribution of the net proceeds of such sale and any…
Colo. Rev. Stat. § 38-28-109 Compensation of commissioners - fees and costs
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The court shall fix the compensation of the commissioners and the person making the sale and may order the payment thereof, with costs, expenses, and attorney's fees, out of the proceeds of such sale or make any other order which it deems best for the payment of such compensation…
Colo. Rev. Stat. § 38-28-110 Powers of court
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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, known or unknown, and may direct the payme…