How do I file a quitclaim deed in Colorado?
1. Quitclaim vs Warranty Deed
Colorado quitclaim (C.R.S. § 38-30-116) conveys only the grantor's interest. A general warranty deed (§ 38-30-113) carries six covenants; a special warranty deed warrants only against grantor's acts; a bargain-and-sale deed (§ 38-30-115) implies the grantor owns the property.
2. Common Uses
Divorce, interspousal transfers, gifts to family, trust funding, removing an ex-spouse, beneficiary deed (§ 15-15-401 et seq.) is the typical TOD alternative.
3. Execution Formalities
C.R.S. § 38-30-113 — deed in writing, signed by the grantor; § 38-35-103 — acknowledged before a notary for recording. No subscribing witnesses required.
4. Required Contents
Grantor and grantee names with addresses, legal description, schedule/parcel number, words of conveyance ("does hereby remise, release, sell, convey and quitclaim"), consideration recital. TD-1000 Real Property Transfer Declaration (C.R.S. § 39-14-102) accompanies the filing.
5. Recording
County Clerk and Recorder where the land sits (C.R.S. § 38-35-109); recording fees about $13 first page + $5 per additional page.
6. Transfer Tax
Colorado documentary fee: $0.01 per $100 of consideration ($0.10 per $1,000) — Colorado has one of the lowest such fees in the U.S. (C.R.S. § 39-13-102). Transfers of less than $500 in consideration are exempt from the fee.
7. Title Insurance Limits
CO title insurers typically decline to insure based on a recent quitclaim without curative work.
8. Pitfalls
Quitclaim doesn't release mortgage liability; due-on-sale risk; Garn-St. Germain (12 U.S.C. § 1701j-3) shields qualifying family transfers. Colorado is NOT a community property state — separate title controls.
9. Special Local Rules
TD-1000 (Real Property Transfer Declaration) penalties for non-filing can reach 0.025% of sale price (§ 39-14-102(1)(b)).
This is legal information, not legal advice.
- Beneficiary deed coordination with quitclaim
- Divorce decree transfer with mortgage outstanding
- TD-1000 compliance and exemption claim
- C.R.S. § 38-30-116
- C.R.S. § 38-35-103
- C.R.S. § 39-13-102
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.