C.R.S. Section 38-41-202
Homestead to be created automatically in certain cases

  • filing of statement required in other cases

(1)

The homestead exemptions described in section 38-41-201 shall be deemed created and may be claimed if the occupancy requirement of section 38-41-203 and the requirement of section 38-41-205 relating to the type of property which may be homesteaded are met.

(2)

Intentionally left blank —Ed.

(a)

A homestead exemption granted under the provisions of this part 2 shall not be deemed created and may not be claimed if the debt, contract, or civil obligation which is the basis for the execution and attachment was entered into or incurred prior to July 1, 1975, unless the owner of the property (householder) records in the office of the county clerk and recorder of the county where the property is situate an instrument in writing describing such property, setting forth the nature and source of the owner’s interest therein, and stating that the owner is homesteading such property, which instrument may be acknowledged as provided by law.

(b)

The spouse of the owner of the property may homestead the property in the manner provided in paragraph (a) of this subsection (2) with the same effect as if the owner had done so.

(3)

Subject to the provisions of subsection (4) of this section, property homesteaded solely by operation of the automatic provisions of subsection (1) of this section may be conveyed or encumbered by the owner of the property free and clear of all homestead rights, and no signature other than that of the owner shall be required. The owner of the property shall be determined without regard to the ownership of any homestead rights.

(4)

If the owner of the property (householder) or the spouse of the owner records in the office of the county clerk and recorder of the county where the property is situated an instrument in writing describing the property, setting forth the name of the owner of the property and the nature and source of the owner’s interest in the property, and stating that the owner or the owner’s spouse is homesteading the property (which instrument may be acknowledged as provided by law), then the signature of both spouses to convey or encumber the property is required.

Source: Section 38-41-202 — Homestead to be created automatically in certain cases - filing of statement required in other cases, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-38.­pdf (accessed Oct. 20, 2023).

38‑41‑101
Limitation of eighteen years 38‑41‑102
How computed 38‑41‑103
Evidence of adverse possession 38‑41‑104
Time to make an entry or bring an action to recover land 38‑41‑105
Abstract of title prima facie evidence 38‑41‑106
Limitation seven years - possession under official and judicial conveyance or orders 38‑41‑107
Rights of heirs 38‑41‑108
Rights in possession seven years - color of title and payment of taxes 38‑41‑109
When in possession under color of title - unoccupied lands 38‑41‑110
Payment of delinquent taxes by owner of less than whole property 38‑41‑111
When action will not lie against person in possession 38‑41‑112
Legal disability - extension of two years 38‑41‑113
Limitations may be asserted affirmatively or by way of defense 38‑41‑114
When limitations apply 38‑41‑115
Setting aside judgments against unknown parties 38‑41‑116
Actions to enforce contracts of sale 38‑41‑117
Actions to enforce bonds for deeds 38‑41‑118
Construction of sections 38‑41‑119
One-year limitation 38‑41‑201
Homestead exemption - definitions 38‑41‑201.5
Legislative declaration of homestead exemption for mobile homes 38‑41‑201.6
Mobile home, manufactured home, trailer, and trailer coach homestead exemption 38‑41‑201.7
Definition of “dwelling” - personal property included 38‑41‑202
Homestead to be created automatically in certain cases - filing of statement required in other cases 38‑41‑203
Exemption only while occupied 38‑41‑204
Surviving spouse and minor children entitled 38‑41‑205
Of what homestead may consist 38‑41‑206
Levy on homestead - excess - costs 38‑41‑207
Proceeds exempt - bona fide purchaser 38‑41‑208
Survival of exemption 38‑41‑209
Insurance proceeds 38‑41‑210
Definitions - vendor’s rights 38‑41‑211
Exemption in addition to allowances 38‑41‑212
Waiver
Green check means up to date. Up to date

Current through Fall 2024

§ 38-41-202’s source at colorado​.gov