Colorado § 13-55-109 - Court may order sale - proceeds.
Full text of Colorado Colorado Revised Statutes § 13-55-109 — Court may order sale - proceeds., with citation guidance and answers to common questions.
§ 13-55-109. Court may order sale - proceeds.
In case the court finds that a portion of such property is exempt to such value as is by statute fixed as being exempt but that the property seized is of a greater value and said property so seized cannot be readily divided, the court may order said property to be sold, and out of the first proceeds of said sale the defendant debtor shall be paid the amount, as is provided by statute, of his exemption. The disposal of the balance of the proceeds of said sale shall await the further order of the court. If such property is divisible, the court shall fix the value of each item thereof and shall require the defendant to select therefrom such items as the defendant may choose of an aggregate value not to exceed the amount of his exemptions, and the disposal of the balance of such property shall await the further order of the court. No sale of property seized or levied upon under a writ of attachment shall be ordered sold until after final judgment in said action has been rendered in favor of the plaintiff.
Source: L. 35: p. 248, § 9. CSA: C. 93, § 38. CRS 53: § 77-4-9. C.R.S. 1963: § 77-4-9. L. 64: p. 285, § 211.
ANNOTATION
Failure to provide for homestead exemption deprived court of jurisdiction to proceed. Where, in its order authorizing the trustee to sell the interest of the bankrupt as well as the trustee's interest, the bankruptcy court failed to provide for separation of the proceeds and payment to bankrupt of the amount of the homestead, the bankruptcy court did not have jurisdiction of the property at the time of sale, and thus the sale by the bankruptcy court was void. Baker v. Allen, 34 Colo. App. 363, 528 P.2d 922 (1974).
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 13-55-109
What does Colorado Revised Statutes § 13-55-109 cover?
Section 13-55-109 ("Court may order sale - proceeds.") is part of the Colorado Revised Statutes, the codified statutory law of Colorado. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Colorado § 13-55-109?
A common citation format is "Colorado Revised Statutes § 13-55-109" (Colorado). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Colorado law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Colorado official source linked on this page or consult a licensed Colorado attorney.
How does Colorado § 13-55-109 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Colorado can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Colorado.