Colorado quitclaim deed

Colorado Revised Statutes 38-35-104 requires a deed to be signed by the grantor and acknowledged before a notary. No witnesses are required. The notary certificate must be attached or printed on the deed, and the grantor's signature must match the name on the document.

Citation: Colo. Rev. Stat. § 38-35-104 (opens the official source in a new tab).

A deed signed outside Colorado can be acknowledged under the law of the place where it was signed. The county clerk may still require a certificate that names the county and state and that meets Colorado's recording standards. A defective acknowledgment is a common reason for rejection.

Record the deed with the county clerk and recorder in the county where the property is located. The clerk assigns a reception number and returns a copy. Colorado accepts electronic recording in most counties, and a title company often files the deed for a sale.

Colorado collects a documentary fee of one cent for each $100 of consideration, with a minimum and maximum set by statute. The fee is small, but the deed still needs the correct consideration statement. Ask the clerk for the current form and the fee, and do not guess the amount on the deed.

The county assessor uses the deed and the sale information to update ownership and value. A transfer does not automatically trigger a new appraisal in Colorado, but the assessor can review the sale price and the property record. Send a copy of the recorded deed to the assessor if the office has not already received it.

A homeowner's exemption, a senior exemption or a veterans exemption may depend on who owns the property and whether it is the owner's principal residence. A transfer between family members can change eligibility. Confirm the current rules with the assessor before you assume the tax bill will stay the same.

Many Colorado homes are held by two people as joint tenants with a right of survivorship. A quitclaim deed from one joint tenant to the other can sever the joint tenancy and change how the property passes at death. If the goal is only to add a spouse or confirm a share, say so in the deed and check the effect on survivorship before recording.

Colorado also allows a beneficiary deed for real property under a state statute. The owner keeps full control during life, and the property passes to the named beneficiary at death without probate. A beneficiary deed is a different document from a quitclaim deed, and a quitclaim deed can revoke an earlier beneficiary deed if it is recorded correctly. Ask the county clerk which form fits the plan.

A quitclaim deed does not promise clear title. A title company may insure it with an exception, or refuse to insure a transfer between strangers. If a buyer is borrowing money, the lender usually requires a warranty deed and a title policy. A quitclaim deed is a poor fit for a retail sale.

A transfer does not remove a mortgage. The lender's lien stays on the property, and the loan remains in the original borrower's name. A due-on-sale clause may be triggered. Ask the lender before you sign, especially when one co-owner is being removed from the title.