Divorce forces you to deal with real property on someone else's timeline. Colorado courts move slowly. Judges don't care about market timing. And the Automatic Temporary Injunction that kicks in the moment your spouse files — C.R.S. § 14-10-107(4)(b) — freezes every marital asset until a judge releases it. If you're trying to sell Colorado land during a divorce, you need to know exactly what you can and can't do, and how to move fast the moment you're legally clear to act. We buy land from divorcing co-owners across Colorado. Call 970-478-1022 and we'll walk through your specific situation with no pressure.
Colorado is an equitable distribution state, not a community property state. Under C.R.S. § 14-10-113, the court divides marital property "in a manner deemed just" after considering each spouse's contributions, economic circumstances, and any change in value of separate property during the marriage.
Land acquired during the marriage with marital funds is marital property subject to division. Land one spouse owned before marriage, inherited, or received as a gift is separate property under § 14-10-113(4) — unless it was commingled with marital assets (for example, marital money paid the taxes or mortgage for years).
Under C.R.S. § 14-10-107(4)(b), the moment a divorce petition is served, both parties are automatically enjoined from selling, encumbering, or otherwise disposing of any marital property without the other spouse's written consent or a court order. Violating the ATI is contempt of court. To sell marital land during a pending divorce, you need: (a) your spouse's written consent, or (b) a court order authorizing the sale.
Many Colorado married couples hold land as joint tenants. Under C.R.S. § 38-31-101, joint tenancy requires the four unities of time, title, interest, and possession, and carries the right of survivorship. Either spouse can sever the joint tenancy unilaterally by conveying their interest to themselves as tenant in common — Colorado courts have recognized this severance right. After severance, both hold undivided half interests as tenants in common with no survivorship rights.
If spouses can't agree, the court can order a forced sale under its broad equitable powers at C.R.S. § 14-10-113. Alternatively, after dissolution, either former spouse can file a partition action under C.R.S. § 38-28-101 to force a court-supervised sale of tenancy-in-common property. Partition is effective but slow — typically 6–18 months including commissioner fees and attorney costs.
Both spouses agree to sell and split the proceeds. Under the ATI, you need court approval or the other spouse's written consent. Once consent is documented and incorporated into the proceedings, a title company can insure the transaction. Timeline: as fast as you and the buyer can move — typically 14–21 days for a cash sale.
The divorce decree includes a provision ordering the sale of specific property within a defined time period with proceeds split in a specific ratio. Once the decree is entered, both spouses must comply. Title companies accept a certified copy of the final decree as authorization, even if one spouse is uncooperative about signing the deed. Timeline: depends on your case — several months from filing to decree entry in most Colorado district courts.
The buying spouse pays cash or refinances, the other executes a quit claim deed under C.R.S. § 38-30-113, and the land exits the divorce proceedings entirely. Avoids the open market and closes the real estate issue without waiting for a final decree.
If dissolution is final but both former spouses still hold title as tenants in common and can't agree to sell, one party files a partition action under C.R.S. § 38-28-101. The court appoints a commissioner; most partition cases resolve in a private agreed sale before auction. We regularly buy properties at this stage.
We buy Colorado land from divorcing or divorced co-owners across every Colorado county. We work with one spouse, both spouses, their attorneys, or the court-appointed commissioner. Our purchase agreement is designed to satisfy title company requirements for marital property sales — we've closed dozens of these transactions from Adams County to Archuleta County.
Park County, joint tenancy, contested: Spouses owned 22 acres jointly. One wanted to sell, one wanted to keep it. After 8 months of litigation the divorce decree ordered sale within 90 days, proceeds split 60/40. We were called on day 85. Closed day 92 after a judge's brief extension. Both parties signed the deed remotely.
El Paso County, tenancy in common, agreed: Neither party wanted the land. Both signed our purchase agreement before the divorce was final, with closing scheduled the week after the decree entry. Closed in 19 days from decree.
Costilla County, separate property: Wife had inherited the land before the marriage. Under § 14-10-113(4) it was her separate property. She signed the deed herself; we closed in 14 days with zero co-owner complications.
See also: Colorado quit claim deeds, selling land fast, and Colorado closing timeline.
Get answers to common questions about selling your land
Yes, but you must comply with the Automatic Temporary Injunction under C.R.S. § 14-10-107(4)(b). That means getting your spouse's written consent or a court order authorizing the sale. Without one of those, the sale can be voided as contempt of the ATI. We can proceed the moment either condition is met.
If title is held jointly, yes — both parties must sign the deed at closing. The exception is a court-ordered sale where a commissioner signs on behalf of a non-cooperating party, which first requires a court order under C.R.S. § 14-10-113.
Generally yes. Under C.R.S. § 14-10-113(4), property owned before marriage, inherited, or received as a gift is separate property excluded from division. However, if marital funds paid the mortgage or taxes over the years, courts may find partial commingling — creating a marital interest. Consult a Colorado family law attorney for your specific facts.
Yes. Under C.R.S. § 14-10-113, the court has broad authority over marital property and can order a forced sale with proceeds divided per the decree. If one spouse refuses to sign the deed, the court can appoint a commissioner to execute it.
Get both spouses to agree and sign a purchase agreement, then obtain either written consent or a court authorization under the ATI. With those in hand and a cash buyer, you can close in 14–21 days. The bottleneck is almost always the court process, not the sale itself.
If the decree did not address the property, you both hold as tenants in common. Either of you can force a sale by filing a partition action under C.R.S. § 38-28-101. We regularly buy properties from former spouses — often both parties want out and we provide a fast exit for both.
Fill out the form below or call us at 970-478-1022
970-478-1022
info@coloradowesternland.com
Monday-Friday
9AM-5PM MT