In Colorado, most real property (i.e. homes, land, and commercial buildings) is conveyed from owner to
owner through a deed. There are many types of deeds in Colorado, and they each contain specific
warranties and representations. Getting the right kind of deed for your real estate transaction is very
important; if not done properly, you may be sued by unknown or previous owners, take your property
subject to liens and other instruments which can be foreclosed upon, or possibly give up rights to sue
the former owners for issues they may or may not have known about when the property was
transferred to or from you.
Our real estate attorneys are well-versed in the types of deeds permitted under Colorado law, including general
warranty deeds, quitclaim deeds, special warranty deeds, beneficiary deeds, and more. Each of the
above listed deeds convey property differently, in different scenarios, to different kinds of parties,
depending on the transaction.
For example, a spouse wishing to list their significant other on the title to a home which only one party
owns would typically execute a quitclaim deed. Similarly, if a couple or individual wished to place their
property in the possession of an LLC for liability reasons, a quitclaim deed would be the most common
mechanism. Quitclaim deeds are common in these instances because the parties to the transaction are
familiar to one another, and the quitclaim is sufficient enough to protect everyone’s interests, if there is
trust involved.
Conversely, if you are purchasing a home from a person you do not know, a general warranty deed
would be the most common instrument used by realtors and title companies. A general warranty deed
reaches extremely far back into title, and is one of the best representations from a seller that they are
bringing good, clean property to the table.