2021 Colorado Code
Title 13 - Courts and Court Procedure
Article 55 - Method of Claiming Exemption
§ 13-55-109. Court May Order Sale - Proceeds

In case the court finds that a portion of such property is exempt to such value as is by statute fixed as being exempt but that the property seized is of a greater value and said property so seized cannot be readily divided, the court may order said property to be sold, and out of the first proceeds of said sale the defendant debtor shall be paid the amount, as is provided by statute, of his exemption. The disposal of the balance of the proceeds of said sale shall await the further order of the court. If such property is divisible, the court shall fix the value of each item thereof and shall require the defendant to select therefrom such items as the defendant may choose of an aggregate value not to exceed the amount of his exemptions, and the disposal of the balance of such property shall await the further order of the court. No sale of property seized or levied upon under a writ of attachment shall be ordered sold until after final judgment in said action has been rendered in favor of the plaintiff.

History. Source: L. 35: P. 248, § 9. CSA: C. 93, § 38. CRS 53: § 77-4-9. C.R.S. 1963: § 77-4-9. L. 64: P. 285, § 211. History. Source: L. 35: P. 248, § 9. CSA: C. 93, § 38. CRS 53: § 77-4-9. C.R.S. 1963: § 77-4-9. L. 64: P. 285, § 211.

Failure to provide for homestead exemption deprived court of jurisdiction to proceed. Where, in its order authorizing the trustee to sell the interest of the bankrupt as well as the trustee's interest, the bankruptcy court failed to provide for separation of the proceeds and payment to bankrupt of the amount of the homestead, the bankruptcy court did not have jurisdiction of the property at the time of sale, and thus the sale by the bankruptcy court was void. Baker v. Allen, 34 Colo. App. 363, 528 P.2d 922 (1974).