Colorado § 38-28-102 - Parties.
Full text of Colorado Colorado Revised Statutes § 38-28-102 — Parties., with citation guidance and answers to common questions.
§ 38-28-102. Parties.
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).
Frequently Asked Questions About Colorado § 38-28-102
What does Colorado Revised Statutes § 38-28-102 cover?
Section 38-28-102 ("Parties.") 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 § 38-28-102?
A common citation format is "Colorado Revised Statutes § 38-28-102" (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 § 38-28-102 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.