Free Colorado Quitclaim Deed Form

A Colorado quitclaim deed is a document used to transfer property from one person to the next without any warranties as to the owner or title. This is common when transferring property between family members or changing the deed to add or remove a party, like a spouse.

Table of Contents

• How to File
• Costs and Fees
• Colorado Quitclaim Deed Requirements
• Quitclaim Deeds vs. Other Property Transfer Methods in Colorado
• Sample Colorado Quitclaim Deed
• Frequently Asked Questions

How to File

Filing a quitclaim deed in Colorado requires gathering the right documents, signing with a notary, and submitting the paperwork to the correct county office. Following each step carefully helps ensure your transfer is valid and properly recorded.

Step 1: Secure the Original Deed

To complete a quitclaim deed, you will need a copy of the original deed for the property or interest you plan to convey. The document contains the legal property description you need.

As the property owner, you may already have this document in your possession. However, if you are unable to locate it, you can request a copy from your county recorder’s office.

Step 2: Fill Out the Quitclaim Deed Form

You can use language for your quitclaim deed from Colo. Rev. Stat. § 38-30-113. It should specifically state that the grantor “quitclaims” the property without warranty of title.

Your deed should also incorporate the following details:

• Addresses and names of grantor(s) and grantee(s).
• Grantee’s mailing address.
• Property’s legal description.
• Legal description preparer information.
• Conveyance information and consideration paid.

Step 3: Sign the Quitclaim Deed in Front of a Notary

Per Colo. Rev. Stat. § 38-35-104, the grantor must sign the completed quitclaim deed before a notary public or other authorized officer.

Homestead properties co-owned by a married couple must have the signatures of both spouses. However, both spouses only need to sign if one of them previously recorded a formal homestead declaration, according to Colo. Rev. Stat. § 38-41-202.

Step 4: Complete a Real Property Transfer Declaration Form

Complete a Real Property Transfer Declaration (TD-1000) in accordance with Colo. Rev. Stat. § 39-14-102.

This document includes critical property value information for tax assessments by the Colorado Department of Revenue.

Step 5: File the Form and Pay the Fees

As mandated by Colo. Rev. Stat. § 38-35-106, submit your Colorado quitclaim deed, real property transfer declaration, and appropriate fees and taxes to the county clerk and recorder for the county in which the real property is located.

You will be asked to pay recording fees as indicated under Colo. Rev. Stat. § 30-1-103 and Colo. Rev. Stat. § 30-10-421. You may also owe a documentary fee tax per Colo. Rev. Stat. § 39-13-102. Tax rates depend on the consideration you receive for the property transfer and whether your deed is exempt.

Costs and Fees

Knowing the recording fees and potential taxes tied to a Colorado quitclaim deed can help you plan ahead, meet state requirements, and avoid unexpected costs during your property transfer.

Recording Fees

You must pay recording fees when filing your quitclaim deed with the county clerk and recorder (Colo. Rev. Stat. § 30-1-103 and Colo. Rev. Stat. § 30-10-421):

• $10 for the first recorded page.
• $5 for each additional recorded page.
• $2 for taking an acknowledgment.
• $10 per sheet for recording documents larger than 8 ½ in. x 14 in.
• $1 filing surcharge.
• $3 filing surcharge for electronic filing.

Fees may vary depending on your situation, so check with your county clerk and recorder before you file.

Taxes

Transferring a property via a Colorado quitclaim deed may include tax payments to the state and federal governments, as follows:

1. Documentary Fee

The state imposes a transfer tax called a documentary fee for any deeds registered with the county clerk and recorder (Colo. Rev. Stat. § 39-13-102).

The grantee or buyer who receives the quitclaimed property pays the documentary fee. For deeds with consideration over $500, the fee is $0.01 for every $100 or fraction thereof.

You can pay the fee to the county clerk and recorder in the county where the property is located. If the property is located in multiple counties, you can pay it in one transaction. The county clerks and recorders of the counties will divide the fee based on the ratio of the property located in each county.

The following exemptions apply to documentary fees in real estate transfers, per Colo. Rev. Stat. § 39-13-104:

• Deeds conveyed to or from the US, State of Colorado, or any agency or political subdivision thereof.
• Deeds conveying property as a gift.
• Deeds confirming or correcting a previously recorded deed.
• Deeds conveying title to cemetery lots.
• Deeds transferring property for consideration less than $500.
• Deeds conveying future interest in the property.
• Deeds transferring title due to the grantor’s death.

2. U.S. Gift Tax (Form 709)

The state does not charge a gift tax. Federal gift tax for real estate transfers is imposed only on taxes over the exemption amount dictated by the Internal Revenue Service (IRS).

The amount changes annually, so check the IRS website before you file your annual income tax. The gift tax is paid by the grantor who gifted the property, using Form 709.

3. Capital Gains Tax

The state charges capital gains tax on taxable income from certain real estate sales (Colo. Rev. Stat. § 39-22-518). The flat capital gains tax is 4.55%, per Colo. Rev. Stat. § 39-22-627, but this rate may change at any time. The grantor who gained income from the real estate transfer is in charge of paying the tax.

Your transfer may also be subject to federal capital gains tax. Requirements and rates for state and federal capital gains taxes differ. Tax rates are also subject to change periodically, so check with a tax professional or real estate attorney when filing your annual income taxes.

Colorado Quitclaim Deed Requirements

Colorado quitclaim deeds must meet specific legal and formatting standards to be valid. Understanding these requirements helps ensure your property transfer is complete, accurate, and properly recorded.

Legal Framework

Colorado quitclaim deed laws address form, effect, terminology, taxation, and filing requirements. Colo. Rev. Stat. § 38-30-113 establishes the form and effect of property deeds, including quitclaim deeds.

According to Colo. Rev. Stat. § 38-30-107, any deed is deemed to convey the property’s full interest unless the grantor explicitly indicates that it is for a portion of the property. So, if your quitclaim transfer is for an interest in a real estate property, be sure to indicate the form and value of that interest.

Legal Description

Every deed transferring real estate must include a legal description of the property being conveyed. The Colorado Department of Local Affairs Division of Property Taxation outlines the standards and methods used to create legal land descriptions:

• US Governmental Survey System.
• Base lines and principal meridians.
• Townships and sections.
• Metes and bounds.
• Lot and block descriptions.
• Colorado Coordinate System.

The legal description should be on the original deed. If you require a new legal description, a registered land surveyor may be able to provide assistance.

Signing

• The current owner, or grantor, must sign the quitclaim deed and acknowledge it before a notary or other authorized individual, pursuant to Colo. Rev. Stat. § 38-35-104.
• If the property is a homestead owned by a married person, as defined under Colo. Rev. Stat. § 38-35-118, both spouses must execute the deed. This only applies if one of the spouses has previously recorded a homestead declaration, per Colo. Rev. Stat. § 38-41-202.

Terminology

• State law provides statutory quitclaim deed language under Colo. Rev. Stat. § 38-30-113. The deed must include the term “quitclaims” instead of “conveys” in the vesting language.
• The form must also include language that states there is no warranty of title.

Additional Documents

You must also submit a Real Property Transfer Declaration (TD-1000), per Colo. Rev. Stat. § 39-14-102. The declaration includes details about the property value and consideration the Colorado Department of Revenue uses to assess property taxes.

Filing

• A quitclaim deed must be filed with the county clerk and recorder for the county where the real property is situated, per Colo. Rev. Stat. § 38-35-106.
• Each deed is subject to statutory recording fees per Colo. Rev. Stat. § 30-1-103 and Colo. Rev. Stat. § 30-10-421.
• In addition, you may owe a real estate tax called a documentary fee for consideration over $500, per Colo. Rev. Stat. § 39-13-102.

Validity Requirements

Colorado has very few formatting standards for a quitclaim deed to be valid for recording.

• Per Colo. Rev. Stat. § 30-10-406, the deed must have a top margin of at least 1 in. and side and bottom margins of at least ½ in.
• The document must also be legible and easy to copy or record digitally. This typically means using white paper with dark print or text large enough to be easily readable.

Content Requirements

When submitting a quitclaim deed form, it must contain the following information:

• Grantor and grantee names and addresses.
• The legal description of the property.
• Identifying info for legal description preparer.
• Vesting information and consideration.

Quitclaim Deeds vs. Other Property Transfer Methods in Colorado

Sample Colorado Quitclaim Deed

Take a look at a Colorado quitclaim deed sample below. You can easily edit it using our document editor and download it as a PDF or Word file.

Colorado-Quitclaim-Deed-Template

Frequently Asked Questions