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How do I file a quitclaim deed in Colorado?

Federal & State Law Editorial TeamLast reviewed: 2026-05-18

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.

When to Talk to a Lawyer
  • Beneficiary deed coordination with quitclaim
  • Divorce decree transfer with mortgage outstanding
  • TD-1000 compliance and exemption claim
Related Statutes & Laws
  • 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.