C.R.S. Section 38-41-208
Survival of exemption


(1)

If the property qualifies as a homestead for a joint tenant who is the husband or wife of the other joint tenant or one of the other joint tenants, then, upon the death of either spouse, the homestead shall continue in effect on the interest in such property of the surviving spouse. If the property qualifies as a homestead for a joint tenant who is the parent of one or more of the other joint tenants who are minors, then, upon the death of such parent leaving no spouse surviving, the homestead shall continue in effect on the interest in such property of the surviving minor children.

(2)

If the property qualifies as a homestead for a joint tenant who is not related to any other joint tenant as husband or wife or parent and minor child, then, upon the death of such joint tenant, his homestead shall cease and terminate, and the property shall be held by the surviving tenants free of any homestead interest of such decedent, his spouse, or his minor children.

Source: Section 38-41-208 — Survival of exemption, 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

§ 38-41-208’s source at colorado​.gov