Colorado § 38-28-110 - Powers of court.

§ 38-28-110. Powers of court.

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 payment and discharge of liens and have the property sold free from any lien or may apportion any lien among the persons to whom the partition is made.

Source: L. 49: p. 545, § 10. CSA: C. 122, § 33. CRS 53: § 103-1-10. C.R.S. 1963: § 103-1-10.

ANNOTATION

Court's function is to sever unity of possession. A court's function when deciding a partition action is not to create new interests in property held by tenants in common, but is merely to sever the unity of possession owned by the tenants. Martinez v. Martinez, 638 P.2d 834 (Colo. App. 1981); McNamara v. Mossman, 230 P.3d 1286 (Colo. App. 2010).

Court to assign equal shares to cotenants. In order to allocate to each cotenant his share of the property's enhanced value, the court should begin by assigning each cotenant one-half of the property's stipulated value, and then make adjustments as required by the accounting. Martinez v. Martinez, 638 P.2d 834 (Colo. App. 1981).

When partitioning property held by tenants in common, the court should assign one-half of interest in the property to each tenant, and not grant a greater share of the property to either. Keith v. El-Kareh, 729 P.2d 377 (Colo. App. 1986).

Then offset amounts for contribution. 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).

Where expenditures have been made by a cotenant improving jointly owned realty, that cotenant will be allowed the amount by which the improvements enhance the value of the property but not the cost thereof or the original amount expended in making the improvement. Martinez v. Martinez, 638 P.2d 834 (Colo. App. 1981).

Trial court abused its discretion in granting plaintiffs an option to purchase defendant's interest in the subject property. This section does not grant a trial court carte blanche to provide partition remedies, particularly where that remedy would contravene the provisions of § 38-28-107. Here, the court found that the parcel could be divided equitably. Neither party occupied the parcel as a primary residence. Furthermore, the trial court granted the plaintiffs, who originally sought to sell their interest in the parcel, an option to buy defendant's interest, while defendant sought to retain his interest in the property in kind. Thus, the trial court abused its discretion in granting the option to the plaintiffs. Young Props. v. Wolflick, 87 P.3d 235 (Colo. App. 2003).

Applied in Harrod v. Harrod, 34 Colo. App. 172, 526 P.2d 666 (1974).

MANUFACTURED HOMES

ARTICLE 29

Titles to Manufactured Homes

PART 1

TITLES TO MANUFACTURED HOMES

38-29-101. Short title.

38-29-102. Definitions.

38-29-103. Application.

38-29-104. Administration.

38-29-105. Authorized agents.

38-29-106. Sale or transfer of manufactured home.

38-29-107. Applications for certificates of title.

38-29-108. Where application for certificates of title made - procedure.

38-29-109. Director may refuse certificate, when.

38-29-110. Certificates of title - contents.

38-29-111. Disposition of certificates of title.

38-29-112. Certificate of title - transfer.

38-29-113. Lost certificates of title.

38-29-114. New manufactured homes - bill of sale - certificate of title.

38-29-115. Sale to dealers - certificate need not issue.

38-29-116. Transfers by bequest, descent, law.

38-29-117. Certificates for manufactured homes registered in other states.

38-29-118. Surrender and cancellation of certificate - purge of certificate - penalty for violation.

38-29-119. Furnishing bond for certificates.

38-29-120. Where to apply for certificate of title.

38-29-121. Altering or using altered certificate.

38-29-122. Substitute manufactured home identification numbers - inspection.

38-29-123. Assignment of a special manufactured home identification number by the department of revenue.

38-29-124. Amended certificate to issue, when.

38-29-125. Security interests upon manufactured homes.

38-29-126. Existing mortgages not affected.

38-29-127. Foreign mortgages.

38-29-128. Filing of mortgage.

38-29-129. Disposition of mortgages by agent.

38-29-130. Disposition after mortgaging.

38-29-131. Release of mortgages.

38-29-132. New certificate upon release of mortgage.

38-29-133. Duration of lien of mortgage - extensions.

38-29-134. Priority of mortgages.

38-29-135. Second or other junior mortgages.

38-29-136. Validity of mortgage between parties.

38-29-137. Mechanics', warehouse, and other liens.

38-29-138. Fees.

38-29-139. Disposition of fees.

38-29-140. Director's records to be public.

38-29-141. Penalties.

38-29-141.5. False oath.

38-29-142. Repossession of manufactured home - owner must notify law enforcement agency - penalty.

38-29-143. Change of location - penalty.

PART 2

FILING AND RECORDING OF DOCUMENTS RELATED TO A MANUFACTURED HOME

38-29-201. Verification of application form - supporting materials.

38-29-202. Certificate of permanent location.

38-29-203. Certificate of removal.

38-29-204. Certificate of destruction.

38-29-205. Authorized agent - forward to the clerk and recorder.

38-29-206. Recorded documents - index.

38-29-207. Copy of certificates to assessor.

38-29-208. Affidavit of real property.

38-29-209. Fees - disposition.

PART 1

TITLES TO MANUFACTURED HOMES