Colorado recognizes three main types of deeds, and choosing the wrong one can cost you tens of thousands of dollars or create title problems that haunt the next sale. A quit claim deed transfers whatever interest the grantor has — which may be nothing — with no warranty of any kind. It's the right tool for family transfers, clearing title clouds, and divorces. It's almost always the wrong tool for arm's-length sales. This page walks through C.R.S. § 38-30-113 and explains when a quit claim deed is the right choice. Call 970-478-1022 if you have a title cloud you need cleared before sale.
Colorado recognizes several deed types under C.R.S. Title 38, Article 30. The three most common are general warranty, special warranty, and quit claim. Each transfers ownership but with different warranties attached.
The strongest deed. Under C.R.S. § 38-30-113, the grantor warrants against all title defects back to the sovereign — not just their own acts. If a 1920s mineral reservation surfaces 30 years after closing, the buyer can sue the grantor under the warranty. This is the deed most buyers want.
The grantor warrants only against defects arising during their own ownership. Pre-existing defects are not covered. Common in commercial transactions, estate sales, and bank REO transfers.
No warranty at all. The grantor transfers whatever interest they actually have, which could be 100% ownership, 1/7 undivided interest, a lapsed lease, or literally nothing. The buyer has no recourse if the grantor owned less than they thought.
Less common in Colorado. Transfers title with an implied (but weak) warranty. Some title companies won't insure on a bargain and sale deed alone.
Used during probate. The Personal Representative signs under authority granted by letters testamentary (C.R.S. § 15-12-711). Warranty is typically limited to acts of the PR during administration.
Parent transferring land to child. Divorcing spouses deeding out to each other per a settlement. Sibling consolidating ownership after a parent's death. In these cases, all parties know what's being transferred and the warranty doesn't matter because nobody is going to sue family.
Suppose a 1940s deed shows the land passed to "John Smith and his wife" but only John is named on the current deed. His wife's heirs may have a technical claim. A quit claim deed from the heirs — signed for $100 — cleans up the cloud. They quit claim whatever interest (if any) they have.
Under Colorado's dissolution of marriage statutes, one spouse is often ordered to deed real property to the other. A quit claim deed is the standard instrument. Under C.R.S. § 14-10-113 the court has broad authority over marital property and can order a deed's execution.
If a prior deed had a scrivener's error in the legal description, a corrective quit claim deed from the grantor fixes it. Simple, cheap, recorded at the county clerk, done.
Arm's length sales to strangers. Any deal with a mortgage involved. Any deal where the buyer is paying meaningful money. Quit claims offer zero protection and most title insurers won't write a policy based solely on a quit claim deed from a stranger.
All deeds must be recorded at the county clerk and recorder where the land sits to provide constructive notice to the world. Recording fees in Colorado are set by C.R.S. § 30-1-103 and run about $13 for the first page plus $5 per additional page, plus the 0.01% documentary fee from C.R.S. § 39-13-102.
Family transfer in La Plata County. Mother deeded 40 acres to her two adult children via quit claim deed for $10. Later, one child wanted to buy out the other. The second quit claim deed from sibling to sibling cost nothing, cleared the title, and the remaining owner could sell with clean title.
Chain-of-title cloud in Pueblo County. A 1961 deed had the wife's maiden name instead of married name. When the current owner tried to sell, the title company demanded a quit claim from the wife's heirs (who had to be tracked down in Arizona and Texas). We helped the owner obtain four quit claim deeds for $250 each and closed the sale.
Divorce in Arapahoe County. Court order required the husband to deed his interest in a mountain parcel to the wife. Quit claim deed executed, recorded, and the wife later sold clean to us.
Related: probate land, raw land, without a realtor.
Get answers to common questions about selling your land
A deed that transfers whatever interest the grantor has without any warranty. Governed by C.R.S. § 38-30-116. If the grantor owned nothing, the buyer gets nothing. Best for family transfers, not arm's length sales.
Yes. Quit claim deeds are fully legal and recognized under C.R.S. Title 38. They must be in writing, signed and acknowledged by the grantor, and recorded at the county clerk and recorder under C.R.S. § 38-35-109 to provide notice.
Yes, to the extent the grantor actually owns it. If the grantor owns 100%, the buyer gets 100%. If the grantor owns nothing, the buyer gets nothing. There is no warranty that the grantor actually owns anything.
A warranty deed includes promises that title is clear and the grantor owns what they claim. A quit claim deed includes no promises at all. Warranty deeds are for arm's length sales; quit claim deeds are for family transfers and cloud-clearing.
Technically yes, but retail buyers will refuse. Most title insurers require at least a special warranty deed to write a full title policy. Cash buyers who understand the risk sometimes accept quit claims at a discount. We prefer warranty deeds but can work with quit claims.
Recording fees under C.R.S. § 30-1-103 are about $13 for the first page plus $5 per additional page, plus the 0.01% documentary fee under C.R.S. § 39-13-102. A typical quit claim deed costs $15-$25 to record.
No, but you should consider one for anything non-trivial. Forms are available at office supply stores and online. Colorado requires a notary acknowledgment and county recording. Get a lawyer for divorces, contested estates, and title cloud clearing.
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