Special Warranty Deed - Colorado

SPECIAL WARRANTY DEED

State of Colorado

Recording Requested By:
_____________________________________________

When Recorded Return To:
_____________________________________________
_____________________________________________
_____________________________________________

Property Address:
_____________________________________________

SPACE ABOVE THIS LINE FOR RECORDER'S USE (Minimum 1" top margin required per C.R.S. § 30-10-406)

DOCUMENT INFORMATION

SPECIAL WARRANTY DEED

KNOW ALL MEN BY THESE PRESENTS:

This Special Warranty Deed is made and entered into this _____ day of _________________, 20_____.

ARTICLE I: PARTIES

Section 1.1 Grantor(s)

Name(s): _____________________________________________

Mailing Address:
_____________________________________________
_____________________________________________

Marital Status:
☐ A single person
☐ A married person dealing with his/her sole and separate property
☐ Husband and wife
☐ An unmarried person
☐ A _________________ [entity type], a _________________ [state] _________________ [entity form]

Section 1.2 Grantee(s)

Name(s): _____________________________________________

Legal Address, Including Road or Street Address if Applicable (C.R.S. § 38-35-109(2)):
_____________________________________________
_____________________________________________

Vesting:
☐ A single person
☐ A married person dealing with his/her sole and separate property
☐ Husband and wife, as joint tenants with right of survivorship
☐ Husband and wife, as tenants in common
☐ An unmarried person
☐ As joint tenants with right of survivorship, and not as tenants in common
☐ As tenants in common
☐ A _________________ [entity type], a _________________ [state] _________________ [entity form]

ARTICLE II: CONVEYANCE

Section 2.1 Granting Clause

For the consideration of $_____________________ (____________________ Dollars) and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Grantor hereby SELLS AND CONVEYS to Grantee, and Grantee's heirs and assigns forever, all the real property, together with any improvements thereon, situated in the County of _________________, State of Colorado, described as follows:

Section 2.2 Legal Description

See Exhibit "A" attached hereto and incorporated herein by reference.

also known by street and number as: _____________________________________________

Schedule or Parcel Number: _____________________________________________

ARTICLE III: LIMITED WARRANTY COVENANTS

Section 3.1 Special Warranty

Pursuant to C.R.S. § 38-30-113(1)(b), Grantor hereby WARRANTS THE TITLE TO THE SAME AGAINST ALL PERSONS CLAIMING UNDER THE GRANTOR.

Section 3.2 Effect of Special Warranty Language

By including the above statutory language, Grantor covenants that:

(a) Grantor will warrant and defend the title to the property against all persons who may claim the title, but only as against any person claiming under the Grantor;

(b) Grantor has not done or suffered to be done any act by which the title has been or may be encumbered during Grantor's period of ownership;

(c) This warranty extends only to claims arising from acts or omissions of the Grantor and those claiming by, through, or under the Grantor.

Section 3.3 Limitation of Warranty

NOTICE: This is a SPECIAL WARRANTY DEED. The warranties contained herein are LIMITED to the period during which the Grantor owned the property. This deed does NOT contain full warranty covenants. The Grantor does NOT warrant against defects, liens, encumbrances, or claims arising prior to Grantor's ownership of the property.

Section 3.4 Statutory References

This conveyance is made pursuant to and in accordance with:

• C.R.S. § 38-30-113(1)(b) (Statutory deed forms - Special warranty deed)
• C.R.S. § 38-30-113(4) (Covenants of warranty - seisin, freedom from encumbrances, and defense of title as to grantor's period of ownership)
• C.R.S. § 38-30-114 (Validation of acknowledgments)
• C.R.S. § 38-35-101 (Acknowledgment of instruments)
• C.R.S. § 38-35-109 (Recording; grantee address requirement)

ARTICLE IV: EXCEPTIONS AND RESERVATIONS

Section 4.1 Subject To

This conveyance is made subject to:

(a) General taxes and assessments for the year 20_____ and subsequent years, not yet due and payable;

(b) All applicable zoning, building codes, and governmental regulations;

(c) All covenants, conditions, restrictions, reservations, rights-of-way, and easements of record;

(d) All matters disclosed by an accurate survey and physical inspection of the property;

(e) Rights of parties in possession;

(f) The following specific exceptions:

☐ None

☐ As set forth below:
_____________________________________________
_____________________________________________
_____________________________________________

ARTICLE V: ADDITIONAL PROVISIONS

Section 5.1 Documentary Fee Statement

☐ The consideration for this transfer exceeds $500.00. Documentary fee of $_______ is due. (C.R.S. § 39-13-102: $0.01 per $100 of consideration)

☐ This transfer is exempt from documentary fee pursuant to C.R.S. § 39-13-104 because:
_____________________________________________

Section 5.2 Transfer Declaration

If a documentary fee applies to this transfer, the parties must submit a completed Transfer Declaration (TD-1000) with the deed for the county clerk and recorder to transmit to the assessor. The declaration is a separate filing and is not recorded as part of this deed. (C.R.S. §§ 39-14-101(2), 39-14-102(1)(a), (c).)

ARTICLE VI: EXECUTION

Section 6.1 Grantor's Signature

IN WITNESS WHEREOF, the Grantor(s) have executed this Special Warranty Deed on the date first written above.

GRANTOR(S):

_____________________________________________
Signature

_____________________________________________
Printed Name

Date: _____________________________________________

_____________________________________________
Signature

_____________________________________________
Printed Name

Date: _____________________________________________

ARTICLE VII: ACKNOWLEDGMENT

Section 7.1 Colorado Acknowledgment (Individual)

STATE OF COLORADO
COUNTY OF _________________

The foregoing instrument was acknowledged before me this _____ day of _________________, 20_____, by:

_____________________________________________

_____________________________________________
Colorado Notary Public signature

[COLORADO NOTARY OFFICIAL STAMP — includes commission expiration date]

Section 7.2 Colorado Acknowledgment (Entity)

STATE OF COLORADO
COUNTY OF _________________

The foregoing instrument was acknowledged before me this _____ day of _________________, 20_____, by _________________________ as _________________________ [title] of _________________________ [entity name], a _________________________ [state/type of entity].

_____________________________________________
Colorado Notary Public signature

[COLORADO NOTARY OFFICIAL STAMP — includes commission expiration date]

Section 7.3 Out-of-State Acknowledgment

STATE OF _________________
COUNTY OF _________________

The foregoing instrument was acknowledged before me this _____ day of _________________, 20_____, by:

_____________________________________________

_____________________________________________
Notarial officer signature

[OFFICIAL STAMP OR SEAL, if required by the state of notarization]
[Commission expiration, if required by the state of notarization: _______________]

EXHIBITS

EXHIBIT A - LEGAL DESCRIPTION

Legal Description of Property:

_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________
_____________________________________________

County of _________________, State of Colorado

COLORADO RECORDING REQUIREMENTS AND INFORMATION

Recording Requirements

Recording Fees (Effective July 1, 2025)

Note: Under HB24-1269, effective July 1, 2025, most deeds carry a flat $43 recording charge: the $40 base fee in C.R.S. § 30-1-103(1), plus the surcharges in §§ 30-10-421(1)(b), (c) and 24-21-403(2). Some documents are fee exempt; confirm the current total with the recording county.

Documentary Fee (State Transfer Tax)

Example: $275,000 consideration = $27.50 documentary fee

Documentary Fee Exemptions (C.R.S. § 39-13-104(1))

• Deeds to or from the United States, its agencies, the State of Colorado, or a political subdivision (affidavit of consideration required)
• Deeds granting or conveying title as a gift
• Public trustee's deeds (§ 38-38-501), treasurer's deeds, and sheriff's deeds
• Instruments confirming or correcting a previously recorded deed
• Deeds conveying cemetery lots
• Decrees or orders of a court of record determining or vesting title (e.g., a dissolution-of-marriage decree that vests title)
• Documents necessary to transfer title as a result of an owner's death
• Rights-of-way and easements

Note: There is no separate blanket documentary-fee exemption in C.R.S. § 39-13-104 specifically for "bankruptcy," "receivership," or "divorce" transfers as such; a divorce-decree transfer of title, or a bankruptcy-court order vesting title, may qualify under the exemption for "any decree or order of a court of record determining or vesting title" (§ 39-13-104(1)(l)), but a deed merely referencing or incident to such a proceeding is not automatically exempt unless it fits one of the enumerated categories above.

Required Accompanying Documents

1. Transfer Declaration (TD-1000) - Submit with a conveyance document subject to the documentary fee; the clerk transmits it to the assessor without recording it (C.R.S. §§ 39-14-101(2), 39-14-102(1)(a), (c))
2. Documentary Fee - Paid to County Clerk and Recorder
3. Recording Fee - Paid to County Clerk and Recorder

Document Format Requirements (C.R.S. § 30-10-406)

• Paper size: 8.5" x 11" preferred (up to 8.5" x 14" accepted)
• Margins: Minimum 1" top on first page; 0.5" left, right, and bottom on all pages
• Ink: Black ink
• Font: Legible, minimum 10-point
• Original signatures required
• Clear and legible for scanning

Important Legal Notes

1. Constructive Notice: Recording provides constructive notice (C.R.S. § 38-35-109).

2. Priority: Colorado is a race-notice state. A subsequent purchaser for value without notice who records first has priority.

3. Homestead: Colorado has automatic homestead protection; no separate filing required.

4. Title Insurance: Grantees should consider obtaining title insurance.

5. Legal Counsel: Consultation with a licensed Colorado attorney is recommended.

PREPARED BY:

_____________________________________________
Name

_____________________________________________
Address

_____________________________________________
Phone/Email

This template is provided for informational purposes only and does not constitute legal advice. Consult with a licensed Colorado attorney before using this form.