Colorado § 38-28-107 - Sale of property - notice.
Full text of Colorado Colorado Revised Statutes § 38-28-107 — Sale of property - notice., with citation guidance and answers to common questions.
§ 38-28-107. Sale of property - notice.
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 shall be given in the same manner as may be required by law for sales of real estate upon execution.
Source: L. 49: p. 545, § 7. CSA: C. 122, § 30. CRS 53: § 103-1-7. C.R.S. 1963: § 103-1-7.
Cross references: For sale of real estate upon execution, see § 13-56-201.
ANNOTATION
Court cannot issue order directing sale of property under partition statute on grounds of "waste" or through its equitable powers where the two parties hold separate concurrent estates and have no interest in common. Federal Deposit Ins. Corp. v. Mars, 821 P.2d 826 (Colo. App. 1991).
Trial court abused its discretion in ordering a sale of the subject property without a finding that partition in kind would result in manifest prejudice. Trial court did not find that partition in kind would result in economic prejudice or would be impractical. To the contrary, the trial court ordered an equitable in kind division of the property and specified the extent of necessary easements in the event plaintiffs did not exercise their option to buy defendant's interest. Young Props. v. Wolflick, 87 P.3d 235 (Colo. App. 2003).
Applied in First Nat'l Bank v. Energy Fuels Corp., 200 Colo. 540, 618 P.2d 1115 (1980).
Source: official Colorado text · Last verified 2026-08-27
Frequently Asked Questions About Colorado § 38-28-107
What does Colorado Revised Statutes § 38-28-107 cover?
Section 38-28-107 ("Sale of property - notice.") 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 § 38-28-107?
A common citation format is "Colorado Revised Statutes § 38-28-107" (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 § 38-28-107 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.