Information about deeds, title, and property ownership
Every state is slightly different in its laws regarding property ownership. Knowing the basics of property law generally in the United States can go a long way. However, as you buy and sell properties in a state, knowing that market’s specific laws and preferences can help to set expectations and make your transactions move forward more smoothly.
In this article, we walk through some of the key ownership considerations in Colorado.
Colorado recognizes three basic types of ownership: sole ownership, joint tenants, and tenants in common.
Sole Ownership in Colorado
In this type of ownership, one individual or entity owns the property completely with no other tenants.
While this may seem straightforward on its face, there is a slight wrinkle that may affect sole ownership. While Colorado does not recognize community property, it does have a doctrine known as homestead. As a practical matter, if a Declaration of Homestead is recorded alongside a deed, a non-owner spouse will be required to sign a deed conveying the property for the sale or conveyance to be valid.
Joint Tenants in Colorado
For non-spouses, Colorado recognizes joint tenancy with right of survivorship as a common form of joint ownership. This form allows multiple people or entities to own a title interest to the property, and comes with various rights and responsibilities. In particular, joint tenancies with right of survivorship must be expressly stated in the deed and involve all parties having equal ownership and the right to assume another owner’s interest in the event the other owner dies.
Tenancy in Common in Colorado
Colorado assumes that parties intend to create a tenancy in common unless a joint tenancy is expressly stated in the deed. Tenancy in common allows multiple owners to own title in a property, but rather than owning equally, the owners can set varying ownership percentages. For example, one owner could own 51% of the property, with the other owning 49%. Additionally, an owner’s share would pass to the owner’s heirs upon death, rather than passing to the other tenants in common.
The most common deed form in Colorado for residential transactions is the warranty deed. Warranty deeds provide protection to the buyer in the form of a warranty by the seller that guarantees no issues with the title.
Quitclaim deeds are available and insurable in Colorado provided they do not create a material deficiency in the title. Bargain and sale deeds are similarly available.
Bargain and sale deeds are similar to quitclaim deeds in that they do not provide any warranty of clear title. Once again, the bargain and sale deed is insurable only if it will not create a material deficiency in the title.
Knowing how a property is typically conveyed in a state, and what types of ownership are available for the title can go a long way to ensuring a smooth transaction.
Colorado is fairly straightforward in its ownership types, but it’s one of the few states where bargain and sale deeds are available in residential transactions. Understanding these deeds and how they may affect your transaction can be helpful to setting expectations.
*The information provided on this site does not, and is not intended to, constitute legal, financial, tax, or real estate advice. Please consult your expert for advice in those areas. All content is for general informational purposes only and is not intended to provide a complete description of the subject matter. Although Peak Title Professionals, provides information it believes to be accurate, Peak Title Professionals, makes no representations or warranties about the accuracy or completeness of the information contained on this site. Specific processes will vary based on applicable law. The title and closing process will be handled by a third-party attorney to the extent required by law. Product offerings vary by jurisdiction and are not available or solicited in any state where we are not licensed.
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