Bradford Publishing Blog | Colorado Law Articles & Topics

The decision to hire an attorney depends upon assessing the situation — and then being honest with yourself about your ability to handle the matter on your own.

First, always consult an attorney for:

•    Criminal charges
•    If you are sued
•    Bankruptcy
•    Employment issues (whether you are a business or an employee)
•    Personal injuries
•    Entering a franchise agreement
•    Selling a business, or bringing new owners into a business.

Individuals may effectively handle family law matters, business transactions, estate planning, and tax issues. However, one has to consider the costs of time and expertise when deciding to act without an attorney.

Advantages of handling a legal issue yourself:
•    There are Court-approved forms and books to help you.
•    You can move quickly, not waiting for an attorney to get to your matter.
•    You save money by not hiring an attorney.

Disadvantages of handling a legal issue yourself: Continue reading “Should I Hire an Attorney for My Legal Issue?” »

Ownership of Colorado real property is identified on a deed and recorded in the office of the county clerk and recorder where the property is located. If you’ve read Parts I, II, and III of “Which One Do I Choose,” you know that ownership is changed using a quitclaim or warranty deed, and that a person would choose whether to have ownership as an individual, joint tenants or as tenants in common. But what deed is used if ownership will be transferred from an estate, or if either of the owners is a corporation rather than a person? Continue reading “So Many Deeds. Which One Do I Choose? (Part IV)” »

If you’ve read Parts I and II of, “Which One Do I Choose,” you may have decided whether a quitclaim or warranty deed is best for you. Now it’s time to decide which deed to use based on ownership of the property.

How will the property be owned?

The person(s) buying or receiving title to the property is called the grantee. To select a Colorado deed, you need to know how the grantee(s) will own the property after it is bought or acquired. Different forms are used depending on whether the grantee will be an individual, tenant in common, or joint tenant.

What are the different ways to own real property? And why does the deed  matter when you die?

In Colorado, a person can own property in one of three ways:
•    Individual. One person owns the property. As the sole owner, you can list your property in your will. If there is no will, your property will be distributed according to the probate laws of Colorado when you die.
•    Joint tenants (with right of survivorship). This type of ownership can exist between two or more people. This is most common between a husband and wife, but could be multiple owners, like three sisters, or perhaps five friends who own a cabin together. If one owner dies, the other owners listed on the deed automatically inherit the share of the person who died. Continue reading “So Many Deeds. Which One Do I Choose? (Part III)” »

The title to real property may be changed by using a legal form called a deed. But which deed is right for you—a quitclaim deed or a warranty deed?

What does a warranty deed do?

Warranty deeds are different from quitclaim deeds in that the seller “warrants” or guarantees that he or she actually has a claim on the property and that the title is free of anything that could cause problems with the ownership of the property. The warranty deeds from Bradford Publishing include a phrase that says that the title is “free and clear from all former and other grants, bargains, sales, liens, taxes, assessments, encumbrances and restrictions of whatever kind or nature soever.” Because of this warranty, a seller who signs this warranty deed can be held legally responsible for any title problems.

Despite this, most properties have a few restrictions that will be passed along with the title to the new owners and listed on the deed. These might be taxes that will still be charged after the sale, covenants, and any easements. Exceptions like these usually won’t cause any problems with the sale and can be found on the title insurance policy or title commitment.

Different types of warranty deeds give different protection.

There are two different types of warranty deeds: general and special. Continue reading “So Many Deeds. Which One Do I Choose? (Part II)” »

The title to real property can be changed from one person to another by using a legal form called a deed. Different types of deeds provide the buyer and seller with different levels of protection against future title problems. But which Colorado deed is right for you—a quitclaim deed, a warranty deed, or a special type of deed for a specific transaction? A quitclaim deed may be all you need.

Just what does a quitclaim deed do?

A quitclaim deed (not “quick claim” or “quit claim”) is what it sounds like—a deed used to “quit” or end someone’s claim on the property. Quitclaim deeds are versatile and can be used to add or remove someone from the title, change ownership from joint tenants to tenants in common, or clear up problems with the title. Quitclaim deeds are frequently used for title transfers within a family.

A quitclaim deed is used to transfer a person’s interest in the property, but it doesn’t guarantee that the person who signs the deed actually has an interest in the property, nor does the deed specify how much of the property that person owns. Quitclaim deeds may be risky for the buyer, since these deeds provide no guarantee that the seller has good title or even that the seller owns the property. If a buyer uses a quitclaim deed and doesn’t do a title search, that buyer could wind up buying problems along with the property. Using a quitclaim deed means the buyer may have little recourse if problems arise after the sale. Continue reading “So Many Deeds. Which One Do I Choose? (Part I)” »

If you want to add your new spouse or family member as part owner of your home or transfer your interest in real property, you’ll likely use a Colorado quitclaim (or “quit claim”) deed. A quitclaim deed is a legal form that changes ownership on a property’s title. The person transferring the interest is the grantor. The person or organization receiving the interest is the grantee.

How to file a quitclaim deed

You can obtain a quitclaim deed from Bradford Publishing. You’ll need to sign it in front of a notary and get a notary’s signature. You will write the grantee’s name on the quitclaim deed, although in Colorado, the grantee does not sign the deed.  Finally, you need file the deed in the office of the County Clerk and Recorder in the county where the property is located.

Avoiding common errors

Unfortunately, when quitclaim deeds reach the County Assessor’s Office, they can be rejected. The most common problems, according to a representative from the Larimer County Assessor’s Transfer Department, are:

1)    The Colorado quitclaim deed lacks a legal description. The property’s legal description is not the address; it is the lot, block and subdivision name. You can find the legal description on your annual property tax bill or online at the county Assessor’s office. Make sure to use the legal description on the current property deed – if it includes special information, include that too.

Although many property descriptions are only a few lines long, some may run a page or more in length.  In this case, you can either attach a piece of paper containing the property description to the deed – and put a “see attached legal description” note on the deed itself – or you can use a quitclaim deed with an extra long space for the property description.

2)    The grantor’s name doesn’t match the name attached to the property in the records. This situation arises when the grantor marries (or divorces) and changes her name, and uses her new name on the quitclaim deed. 

This problem can be solved by using “also known as.”  For instance, you can write, “Mrs. Jones A.K.A Mrs. Smith” in the grantor section of your quitclaim deed.

For more information about quitclaim deeds, check out Bradford Publishing’s guide, “Understanding Colorado Quitclaim and Warranty Deeds.”