C.R.S. Section 38-35-118
Homestead, how conveyed

  • claimant insane


Except as provided in section 38-41-202 (3), to convey or encumber homesteaded property, the husband and wife, if the owner thereof is married, shall execute the conveyance or encumbrance. Such conveyance or encumbrance may be by one instrument or separate instruments which may be acknowledged in the manner provided by articles 30 to 44 of this title. A recital in any recorded conveyance or encumbrance of real property of the marital status of the party executing the same or that the property is or is not occupied as a home by the owner thereof or his family shall be prima facie evidence of the facts therein stated. If the owner of the homesteaded property and a person of the opposite sex, both bearing the same surname, join in the conveyance or encumbrance thereof, the identity of surnames shall be prima facie evidence that such parties are husband and wife for the purposes of this article.


A homestead exemption may be released by an instrument in writing, signed by the party who could convey said property. A statement contained in a mortgage, deed of trust, or other instrument creating a lien waiving or releasing the homestead shall be construed only as a subordination of the homestead to such mortgage, deed of trust, or other lien.


If the homestead is claimed by a person who at the time of conveyance or encumbrance thereof is insane or mentally incompetent and for whose estate there is a conservator duly appointed by a court of competent jurisdiction as provided by the laws of Colorado, the court having jurisdiction of the estate of such insane or mentally incompetent person, wherever it appears to be in the best interests of the ward, may by order empower such conservator to convey or encumber the homestead of such insane or mentally incompetent person.


If such insane or mentally incompetent person is married, the conservator of the estate of the insane or mentally incompetent spouse, when so authorized by court to convey or encumber the homestead of his ward, may do so by a single instrument in writing jointly executed by such conservator and the other spouse, not insane, or such conservator may convey or encumber such homestead of his ward by a separate instrument.


In all cases wherein the court orders a conveyance or encumbrance of a homestead claimed by an insane or mentally incompetent person, the actual consideration for the conveyance or encumbrance of such homestead, whether in money or equivalent property, but not to exceed the sum of five thousand dollars in amount or value, shall be delivered to and accounted for by the conservator of the estate of such insane or mentally incompetent person and such funds or property coming into the possession of the conservator from such sources shall not be liable for the debts of the insane or mentally incompetent person.

Source: Section 38-35-118 — Homestead, how conveyed - claimant insane, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-38.­pdf (accessed Oct. 20, 2023).

Acknowledgments - form - prima facie evidence
When unacknowledged instruments prima facie evidence
Acknowledgment before notary
Acknowledged instruments as evidence
Foreign instruments, prima facie evidence
Deeds - acknowledgment, absent or defective - notice - deemed proper, when
Written instruments - information regarding property description
Recitals in deeds prima facie evidence - when
Reference to some other instrument affects only the parties thereto
Instrument may be recorded - validity of unrecorded instruments - liability for fraudulent documents
Recording of instruments conveying real property to public entities
Lis pendens as notice - issuance of certificate - expiration
Option to purchase - notice for one year only
Certificate of death when properly recorded may be admitted as evidence
Affidavits referring to death, intestacy, heirship, accepted as prima facie evidence
Actions - parties to be named
Execution by foreign representative of instrument regarding real estate prior to filing certified copies of order of appointment
Variances in names in instruments affecting the title to real property
Mortgages, not a conveyance - lien theory
Homestead, how conveyed - claimant insane
Release not a conveyance
Record of first and last parcels includes intervening parcels
Conveyance or reservation of a mineral interest - geothermal resources
Inclusion of street address and assessor information with legal description - effect - validity of recording - interests in property - legislative declaration
Liens - notice - current address
Requirements upon satisfaction of indebtedness
Effect of written payoff statement
Closing and settlement services - disbursement of funds
Contract for deed - escrow of tax moneys - written notice
Unenforceability of prospective residential transfer fee covenants - notice requirements for existing residential transfer fee covenants - written statement of transfer fee payable - affidavit - legislative declaration - definitions
Recording or filing
Action to enforce
Order to show cause
Green check means up to date. Up to date

Current through Fall 2024

§ 38-35-118’s source at colorado​.gov