Chapter 12 - FORM 12-20 • COMPLAINT FOR PARTITION OF REAL PROPERTY

• Jurisdiction: Colorado

FORM 12-20 • COMPLAINT FOR PARTITION OF REAL PROPERTY

Plaintiff, __________, appearing by and through his/her/its attorneys, Carpenter & Klatskin, P.C., as and for his/her/its complaint for partition in this matter, states as follows:

1. Plaintiff is an individual who owns certain real property described as an undivided ___ percent interest in certain real property and improvements located in the City and County of Denver, State of Colorado, described as follows (the "Property"):

[insert legal description]
also known as: __________

2. Defendant __________ is an individual who owns an undivided ___ percent interest in the Property.

3. Defendant __________ is an individual who currently occupies the Property.

4. Defendant __________ is a Colorado corporation which is the beneficiary of that certain Deed of Trust encumbering the Property dated __________, and recorded __________, at Reception No. __________ in the real estate records in the office of the Clerk and Recorder of the City and County of Denver, Colorado.

5. In this action, Plaintiff demands partition of the Property pursuant to the provisions of Title 38, Article 28, C.R.S.

6. Venue is proper in this Court pursuant to C.R.C.P. 98(a) in that the Property is located in the City and County of Denver, State of Colorado.

7. Plaintiff and Defendant __________ own the Property as tenants in common.

8. The Property consists of one building site, improved with one two-story 3,082 square-foot single-family residence, constructed in 2000.

9. For the tax year 20___, the Property is classified as residential property for property tax assessment purposes.

10. Plaintiff is a proper party to maintain this action for a division and partition pursuant to C.R.S. §§ 38-28-101, et seq.

11. All persons having any interest in the Property, direct, beneficial, contingent, or otherwise, are...