Property Transfers In Colorado
Hundreds of years ago, the seller of a property would give a lump of dirt from their property to the buyer, in front of witnesses. This ritual would make legal the delivery of the title of a property from one person to another.
Today, in Colorado, you have to present an actual deed to transfer the property. Deeds are used to convey (transfer) the title of a real estate property from one person to another (or to another entity). The seller is called the grantor and the buyer is called the grantee.
If you or an entity wants to transfer property, the first order of business is to determine which type of deed you will need to use and what the optimum way would be to transfer regarding to tax and other issues. Colorado recognizes numerous types of different deeds. There are four main types of deeds most often used; general warranty deed, special warranty deed, quitclaim deed and bargain and sale deed.
The general warranty deed shows the seller has the right to sell and that the property is free and clear of any liens or encumbrances, unless stated in the deed. A special warranty deed is similar to the general warranty deed, but only warrants against defects that occurred during the seller’s ownership. A quitclaim deed will transfer property in an expeditious manner. The bargain and sale deed transfer offers no warranty there aren’t any liens or encumbrances against the property. This type of deed transfer is often used in tax or foreclosure sales.
When leaving a property to an heir, you would want to use a beneficiary deed to avoid the probate process. If no will or beneficiary deed is in place, the property will transfer through “intestate succession”. Other deeds and interests include: grant deed, court order deed, absolute fee simple interest, defeasible fee simple interest and equitable interest.
A property may also be transferred under “Involuntary Alienation” which is a legal method performed without the owner’s consent. Typically, this is done when a property has been foreclosed on, taken by eminent domain, adverse possession or by escheat. Eminent domain is sometimes referred to as ‘land grabbing’ defining the right of a government (state or federal) to take a private property and converting the property into (and for) public use. The owner is usually justly compensated for the property. Adverse possession, also known as ‘squatter’s rights’ applies to a person who doesn’t have legal title to a property and tries to claim legal ownership. Escheat is the process of identifying a property that is considered abandoned and reverting the property to the state.
Our attorneys at Gantenbein Law Firm have the proficiency, knowledge and experience to help you through the maze of Colorado property deeds to ensure the legality and the transfer is in your best interests.
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