Whether you are conveying property as a gift to a family member or updating the deed information, the following steps can guide you through the process of filing a Colorado quitclaim deed.
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.
