Colorado Quit Claim Deed Form
If the parties involved in the transfer of interest in a piece of real property know one another, it may be in their best interests to execute a Colorado Quit Claim Deed. Unlike other Deeds which may be cumbersome to complete and incur additional or higher taxes, this type offers a more streamlined and cost-effective means for the party who currently holds the interest (the “Grantor”) to transfer it to another party (the “Grantee”). The reason the parties need to have a tangible connection to one another—such as a parent and child or a spouse and spouse—is because the Grantee must be confident the Grantor does hold the title of the property as this type of form does not transfer title.
Laws – (CO REV ST § 38-30-113 to § 38-30-116): Colorado Revised Statutes, Title 38: “Property Real and Personal,” Real Property, Interests in Land, Article 30: “Titles and Interests”
Permitted language (§ 38-30-115 and § 38-30-116): The Quit Claim Deed must use the word “quitclaim” in the place of “convey” or “and warrant the title to the same.” If language which may be exclusively used in Warranty Deeds is used in a Quit Claim Deed, it will be considered legally invalid.
Key inclusions (§ 38-30-113(1)(a)): According to the sample Deed found in this provision, the following information must be clearly stated in the document:
- The Grantor’s name,
- The Grantor’s street address, city/town, county, and state,
- The property’s dollar value or the price of consideration,
- The Grantee’s name,
- The Grantee’s street address, city/town, county, and state,
- The street address, city/town, county, and state the real property is located,
- The purpose of the Deed,
- The Grantor’s signature, and
- The date of signing.
As noted in the “Signing Requirements” section below, it is also a requirement for the form to be acknowledged before an authorized officer or Notary Public.
Signing requirements (§ 38-35-103): The form must be signed by an officer who has the authority to take acknowledgments or before any Notary Public who has a notarial seal.
How to file a Quit Claim Deed in Colorado (§ 38-35-109): A Quit Claim Deed must be filed in Colorado by recording it in the county clerk’s office and the recorder of the county where the property in question is located. Any fees must also be paid in order for the form to be filed.
It is of utmost importance to do so as soon as possible due to Colorado’s “race-notice recording statute.” This means that the state looks to this public record to determine who has the right to a given property. If another bona fide Grantee records the Deed before another, that Grantee will be able to claim the property as being rightfully theirs.