Colorado Quitclaim Deed: Requirements, Recording and Fees

A Colorado quitclaim deed is one of the state's statutory deed forms: C.R.S. 38-30-113(1)(d) describes a deed using the word "quitclaim(s)" with no words of warranty as "a quitclaim deed without covenants of warranty that passes no after-acquired title of the grantor." The grantor signs it, it may be acknowledged before a notary (C.R.S. 38-30-113(2)), and it is recorded with the county clerk and recorder of the county where the property is located (C.R.S. 38-35-109(1)), usually together with a Real Property Transfer Declaration. For other states, see our guide to quitclaim deed rules by state.

Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers Colorado's statutory quitclaim form and deed rules (C.R.S. 38-30-113, 38-30-118, 38-30-126, 38-35-101, 38-35-106, 38-35-106.5, 38-35-109 and 38-35-122), the recorder's margin, fee and surcharge rules (C.R.S. 30-10-406, 30-1-103, 30-10-421 and 24-21-403), the documentary fee and its exemptions (C.R.S. 39-13-102 and 39-13-104), the transfer declaration (C.R.S. 39-14-101 and 39-14-102), homestead signatures (C.R.S. 38-41-202), the senior property tax exemption (C.R.S. 39-3-202 to 39-3-205), the beneficiary deed (C.R.S. 15-15-401 to 15-15-415), the false-recording crime (C.R.S. 18-5-114), and federal mortgage and gift-tax points. It does not cover title insurance, lender or loan-program rules beyond the federal regulations cited, county or city fees, taxes and practices beyond those named (the City of Aspen transfer tax appears only as one example), how a divorce decree divides property, federal income tax, or the law of other states.

What a quitclaim deed does in Colorado

Colorado sets out its deed forms in statute. A deed in the form of C.R.S. 38-30-113(1)(d) uses the words "sell(s) and quitclaim(s)" in place of "convey(s)," carries no words of warranty, and is a quitclaim deed. The statute says that kind of deed "passes no after-acquired title of the grantor," so if the grantor gains a further interest in the property later, the quitclaim does not pass it.

A quitclaim still conveys whatever interest the grantor holds. Under C.R.S. 38-30-113(3), "the form of deed used by the grantor does not affect the absolute nature of the fee simple conveyance of the property being conveyed and is not deemed to convey any lesser estate or interest simply by virtue of the form of deed used or whether the grantor provided any warranties of title in the deed." The same subsection makes a statutory-form deed a conveyance whether or not it recites, or the grantor received, valuable consideration.

What the grantee does not get is any promise about the title. If the grantor owned less than everyone assumed, or nothing at all, a quitclaim gives the grantee no warranty claim against the grantor. For a side-by-side comparison, see our explainer on quitclaim vs. warranty deeds.

No state agency fill-in quitclaim form is among the sources cited here; the statutory form in C.R.S. 38-30-113(1)(d) is the only official text. This page does not provide deed language to fill in. A lawyer can prepare the deed, and Colorado also lets a licensed title insurance entity prepare deeds in the statutory forms in connection with a title policy (C.R.S. 38-30-116.5(1)). County clerks and recorders cannot give legal advice.

Colorado quitclaim deed requirements

Is notarization required?

The statute is permissive: a Colorado deed "may be acknowledged" (C.R.S. 38-30-113(2)). Colorado also gives weight to a deed that was never properly acknowledged. Under C.R.S. 38-35-106(1), a recorded instrument, "whether acknowledged, unacknowledged, or defectively acknowledged," is notice to everyone, and under C.R.S. 38-35-106(2) one that has stayed of record for ten years is deemed properly acknowledged.

Whether Colorado county clerks and recorders refuse to record a deed that has no acknowledgment is a question for your county clerk and recorder. Acknowledging the signature before a notary avoids the question, so most people should plan on it and check with the county before recording.

County practice

Counties can ask for more than the statute. El Paso County, for example, asks that the return mailing address and a phone number appear on the front of the document. That is that county's practice, not a statewide rule, so check your own county clerk and recorder's site before you record.

Does a spouse have to sign a Colorado quitclaim deed?

Usually only the owners sign. Colorado abolished dower and curtesy: "The estates of dower and courtesy are abolished" (C.R.S. 15-11-112). A home that is a homestead only by the automatic provisions of the homestead law "may be conveyed or encumbered by the owner of the property free and clear of all homestead rights, and no signature other than that of the owner shall be required" (C.R.S. 38-41-202(3)).

The exception is a recorded homestead statement. If the owner or the owner's spouse has recorded one with the county clerk and recorder under C.R.S. 38-41-202(4), "then the signature of both spouses to convey or encumber the property is required." Before a married owner signs a quitclaim alone, it is worth searching the county record for a homestead statement.

The homestead law also protects equity from creditors: $250,000 for a home occupied by an owner or the owner's family, or $350,000 if it is occupied by an owner, spouse or dependent who is elderly (60 or older) or disabled (C.R.S. 38-41-201(1)). That is a creditor exemption, not a property tax exemption. How a divorce divides a Colorado home is outside this page; see our guide to Colorado divorce laws.

Recording a quitclaim deed in Colorado

Where to record

A deed "may be recorded in the office of the county clerk and recorder of the county where such real property is situated" (C.R.S. 38-35-109(1)). The county clerk and recorder is the ex officio recorder of deeds (C.R.S. 30-10-406(1)). To find how your county indexes and searches recorded documents, see our guide to Colorado property records.

Why recording matters

Colorado's recording statute names its own type:

"No such unrecorded instrument or document shall be valid against any person with any kind of rights in or to such real property who first records and those holding rights under such person, except between the parties thereto and against those having notice thereof prior to acquisition of such rights. This is a race-notice recording statute." (C.R.S. 38-35-109(1))

An unrecorded quitclaim is still good between the grantor and grantee. But a later buyer, lender or other person who acquires rights without notice of the quitclaim and records first can take ahead of the grantee. Recording promptly closes that gap.

Recording fees

Since July 1, 2025, under HB 24-1269, the statutory recording fee is a flat amount per document rather than per page: "the fee is forty dollars for each document" for documents with no specific fee set elsewhere (C.R.S. 30-1-103(1)). Two state surcharges apply to every recorded document on top of that fee: $1 under C.R.S. 30-10-421(1)(b), and the Electronic Recording Technology Board's electronic filing surcharge of up to $2 under C.R.S. 30-10-421(1)(c) and 24-21-403(2), which the statute says is "uniformly collected on all documents received by a county clerk and recorder for recording or filing." These are statewide surcharges, not county add-ons. El Paso County, for example, charges $43 per document regardless of page count and said that from July 1, 2025 all Colorado clerk and recorder offices would charge the same $43 flat fee. Check your county's fee page before you record.

Section 30-1-103 is set to be repealed effective December 31, 2029 (C.R.S. 30-1-103(6)), and the surcharges run through April 30, 2029 (electronic filing surcharge) and December 31, 2029 ($1 surcharge) under C.R.S. 30-10-421(1), so the fee schedule may change by then. The legislature's summary of HB 24-1269 also says the first five digits of a Social Security number on recorded documents are redacted unless the person asks otherwise. Which counties accept electronic recording of a quitclaim from an individual was not checked.

Documentary fee and the TD-1000 declaration

The documentary fee

Colorado does not call its state charge on a deed a transfer tax; it is a documentary fee. It is imposed "by every person offering for recording in the office of the county clerk and recorder any deed or instrument in writing wherein or whereby title to real property situated in this state is granted or conveyed," measured by the consideration (C.R.S. 39-13-102(1)), and the county clerk and recorder collects it (C.R.S. 39-13-102(3)).

The rate in the 2025 Colorado Revised Statutes is one cent for each $100 of consideration, or major fraction of $100, and it applies only when the total consideration is more than $500. Under C.R.S. 39-13-102(2)(a), "When there is no consideration or when the total consideration paid by the purchaser, inclusive of the amount of any lien or encumbrance against the real property granted or conveyed and all charges and expenses required to be paid for the making of such grant or conveyance is five hundred dollars or less, no documentary fee shall be payable." Note that consideration counts any lien or encumbrance, so a mortgage balance the grantee takes on counts toward the $500.

For residential property, if the deed lists no consideration or $500 or less and a transfer declaration is filed, the fee is measured by the total sales price on the declaration (C.R.S. 39-13-102(5)(a)). Property is treated as residential for this purpose unless the deed conspicuously says otherwise (C.R.S. 39-13-102(5)(d)).

Exemptions that fit quitclaim situations

C.R.S. 39-13-104(1) lists documents exempt from the fee, including:

• "Any deed granting or conveying title to real property in consequence of a gift of such property" (C.R.S. 39-13-104(1)(b));
• "Any instrument which confirms or corrects a deed previously recorded" (C.R.S. 39-13-104(1)(f));
• "Any decree or order of a court of record determining or vesting title" (C.R.S. 39-13-104(1)(l));
• any document necessary to transfer title as a result of the death of an owner (C.R.S. 39-13-104(1)(m)).

An exemption must be claimed when the deed is offered for recording (C.R.S. 39-13-104(2)). The exemption list does not name transfers between spouses or into your own trust. A quitclaim of that kind that involves no consideration owes no fee because of the no-consideration rule in C.R.S. 39-13-102(2)(a), not because of a separate exemption.

City real estate transfer taxes

The state documentary fee is not the only charge that can apply. Some Colorado towns levy their own real estate transfer tax. The City of Aspen, for example, imposes a 0.5% and a 1.0% real estate transfer tax (the 1.0% tax excludes the first $100,000 of consideration), and says "Transfer taxes are the responsibility of the purchasing party." If the tax is not paid, Aspen can file a lien against the property, and it asks for a completed computation or exemption form along with the signed deed. Aspen's exemptions include a conveyance by gift where no consideration other than love and affection, charitable donation or nominal compensation is evidenced.

That is one city's tax and one city's exemption list, not a statewide rule. Ask the town or city where the property sits whether it has a transfer tax and what exemptions it allows before you record a quitclaim.

The TD-1000 Real Property Transfer Declaration

Plan to file a declaration with every deed, even when no fee is due. Under C.R.S. 39-14-102(1)(a), "any conveyance document presented for recordation shall be accompanied by a declaration prescribed by the property tax administrator," signed by the grantor or the grantee. The statute defines a conveyance document as one on which a documentary fee is imposed (C.R.S. 39-14-101(2)), so whether a no-fee gift deed strictly needs one is not settled by the text. The TD-1000 itself says it "is required when conveyance documents are presented for recording," so include one unless your county clerk and recorder tells you otherwise. The form is the Real Property Transfer Declaration (TD-1000), listed on the Division of Property Taxation forms page. It is confidential and is not recorded.

If the declaration is missing, the clerk still records the deed and notifies the assessor, who sends the grantee a notice. If the declaration is not provided within 30 days, the assessor may impose a penalty of $25 or 0.025% of the sale price, whichever is greater, and may impose it again in each later year it stays unfiled unless the property has been conveyed again (C.R.S. 39-14-102(1)(b)).

Property tax effects of a Colorado quitclaim

Colorado reassesses property on a cycle rather than on transfer: "a reassessment cycle shall be instituted with each cycle consisting of two full calendar years" (C.R.S. 39-1-104(10.2)(a)). Whether a deed ever changes a property's value outside that cycle is a question for the Division of Property Taxation or the county assessor, so ask if this matters to your transfer.

The bigger risk is the senior property tax exemption. Under C.R.S. 39-3-203(1) and 39-3-202, it goes to an owner-occupier who is 65 or older and has owned and occupied the home as a primary residence for the ten years before the assessment date, and the application is due to the assessor by July 15 of the first year it is claimed (C.R.S. 39-3-205(1)(a)). A quitclaim can affect it in two ways:

• Into your own trust. "Owner-occupier" includes a person who is not the owner of record only because the property was transferred to a trust or other entity "solely for estate planning purposes" and who is the maker of the trust (C.R.S. 39-3-202(2)(a)(III)). A deed to your own estate-planning trust does not by itself end that status.
• To someone else. A deed to a child or other person who does not live in the home can mean the person living there is no longer the owner-occupier the statute describes. If ownership changes after the assessment date, the exemption for that year is allowed only if an owner-occupier filed the application by the deadline (C.R.S. 39-3-203(2)).

The county assessor can confirm the current exemption amount.

Deed fraud protections in Colorado

Colorado attaches civil and criminal consequences to false recordings.

• Civil liability. Under C.R.S. 38-35-109(3), a person who offers for recording a document affecting title to someone's property, knowing or having a reason to know it is forged or groundless, contains a material misstatement or false claim, or is otherwise invalid, "shall be liable to the owner of such real property for the sum of not less than one thousand dollars or for actual damages caused thereby, whichever is greater, together with reasonable attorney fees." The same liability reaches a grantee who willfully refuses to release such a document when the owner asks.
• Criminal. Knowingly offering for recording an instrument that contains a material false statement or material false information, with intent to defraud, is first-degree, and "Offering a false instrument for recording in the first degree is a class 5 felony." The same knowing act without intent to defraud is the second-degree offense, a class 2 misdemeanor (C.R.S. 18-5-114).

Some county clerks and recorders run fraud-alert programs. Delta County's Fraud Notify, for example, says: "You'll receive an automatic email anytime a document is recorded using your registered name." These are county programs, not a statewide service, so check your own county's site. The FBI's Internet Crime Complaint Center also advises owners to "Check if your County Recorder, Register of Deeds, County Appraisal District, or County Clerk's Office offer notification services and send an automated email or text when a legal document is recorded using your name."

Mortgages and quitclaim deeds

Colorado's deed statutes say nothing about the loan, so this section rests on federal regulations. A deed does not remove anyone from a mortgage; only the lender can release a borrower. Under 12 CFR 191.5(b)(4), if the lender and the new owner agree in writing, before the transfer, that the new owner will be obligated on the loan, then on that agreement "a lender shall release the existing borrower from all obligations under the loan instruments."

Federal law limits when a lender can call a home loan due because of a transfer. Under 12 U.S.C. 1701j-3(d), for a loan on residential property with fewer than five dwelling units, a lender may not use a due-on-sale clause for certain transfers, including a transfer where the borrower's spouse or children become an owner, and a transfer on the death of a joint tenant or tenant by the entirety. The federal regulation, 12 CFR 191.5(b), applies these limits to a loan on a home occupied or to be occupied by the borrower, and covers:

• a transfer where the spouse or children become an owner, or a transfer from a divorce decree, legal separation agreement or property settlement by which the spouse becomes an owner, where the person taking title occupies or will occupy the property (12 CFR 191.5(b)(1)(v));
• a transfer into a living (inter vivos) trust in which the borrower is and remains the beneficiary and occupant, unless the borrower refuses to give the lender reasonable means of notice of later transfers (12 CFR 191.5(b)(1)(vi)).

These limits are conditional, and a lender keeps the right to enforce the clause if a later event disqualifies the transfer (12 CFR 191.5(b)(5)). Transfers outside the listed categories, such as to a sibling or friend, are not covered. Talk to the lender before signing. Federal servicing rules also recognize a "successor in interest," such as a spouse or child who receives an ownership interest from a borrower (12 CFR 1024.31).

Federal gift tax on a quitclaim to a family member

Giving property away by quitclaim can be a gift for federal tax purposes. The IRS says the gift tax applies to a gift of any type of property, and that a gift happens when you give property without expecting to receive something of at least equal value in return. For 2026, "the annual exclusion for gifts remains at $19,000" per recipient. The IRS lists gifts to your spouse among gifts that are not taxable, says the donor is generally responsible for any gift tax, and says the recipient's basis in gifted property is generally the same as the donor's. If your spouse is not a U.S. citizen, the IRS limits tax-free gifts to that spouse to an annual exclusion of $194,000 for 2026. Ask a tax professional how these rules apply to your transfer.

Beneficiary deeds: the transfer-on-death alternative

An owner who wants a home to pass at death without giving it away now can use a beneficiary deed under C.R.S. 15-15-401 to 15-15-415. Under C.R.S. 15-15-402(1), "title to an interest in real property may be transferred on the death of the owner by recording, prior to the owner's death, a beneficiary deed signed by the owner of such interest, as grantor, designating a grantee-beneficiary of the interest." The owner keeps full control during life, the beneficiary needs no notice or consent, and no consideration is needed; the statutory form is in C.R.S. 15-15-404. For how a home passes when no such deed is recorded, see our guide to Colorado probate.

Common myths about Colorado quitclaim deeds

"A quitclaim guarantees I'm getting good title." It does not. Colorado's statutory quitclaim form carries no warranty and "passes no after-acquired title of the grantor" (C.R.S. 38-30-113(1)(d)).

"The deed doesn't count until it's recorded." Between the grantor and grantee, an unrecorded deed is valid. Recording protects the grantee against a later person who acquires rights without notice and records first (C.R.S. 38-35-109(1)).

"A gift deed needs no paperwork." A gift deed is exempt from the documentary fee (C.R.S. 39-13-104(1)(b)), but you should still plan to include a TD-1000 declaration with it (C.R.S. 39-14-102(1)(a)), and the recording fee still applies.

"Signing a quitclaim takes me off the mortgage." It does not. Only the lender can release a borrower (12 CFR 191.5(b)(4)).

Related

• Quitclaim deed rules by state
• Colorado property records
• Quitclaim vs. warranty deeds
• Colorado divorce laws
• Colorado probate

This article provides general legal information about Colorado law on quitclaim deeds, verified on 2026-10-08. It is not legal or tax advice. For your situation, contact your county clerk and recorder (who cannot give legal advice), a legal aid office, or a lawyer licensed in Colorado.

Last updated: 2026-10-08.

Frequently Asked Questions

How do I file a quitclaim deed in Colorado?

The grantor signs the deed, which should include the grantee's legal address (C.R.S. 38-35-109(2)) and meet the margin rules of C.R.S. 30-10-406(3)(a), and the deed is recorded with the county clerk and recorder where the property is located (C.R.S. 38-35-109(1)). Include a Real Property Transfer Declaration (TD-1000) with it (C.R.S. 39-14-102(1)(a)) unless the county tells you otherwise.

Does a quitclaim deed need to be notarized in Colorado?

C.R.S. 38-30-113(2) says a deed 'may be acknowledged,' and C.R.S. 38-30-126(1) lists who may take the acknowledgment, including a notary public in Colorado. This page does not state whether county recorders accept an unacknowledged deed, so ask the county clerk and recorder before you record one.

Does a Colorado quitclaim deed need witnesses?

Colorado's statutory deed form in C.R.S. 38-30-113(1) does not call for witnesses, and the acknowledgment statute, C.R.S. 38-35-101, does not add any.

How much does it cost to record a quitclaim deed in Colorado?

Since July 1, 2025 the statutory recording fee is $40 per document (C.R.S. 30-1-103(1)), plus two statutory surcharges (C.R.S. 30-10-421(1)); El Paso County charges $43 per document. A documentary fee applies only when consideration is more than $500 (C.R.S. 39-13-102(2)).

Do you pay transfer tax on a quitclaim deed in Colorado?

Colorado imposes a documentary fee of one cent per $100 of consideration on deeds offered for recording, which is not due when there is no consideration or it is $500 or less (C.R.S. 39-13-102). Gift deeds and court decrees or orders determining or vesting title are among the exempt documents (C.R.S. 39-13-104(1)), and the exemption must be claimed when the deed is offered for recording. Some towns, such as Aspen, also levy their own real estate transfer tax, so check with the municipality.

Does my spouse have to sign a quitclaim deed in Colorado?

Only an owner needs to sign to convey a home that is a homestead by automatic operation of law (C.R.S. 38-41-202(3)). If either spouse has recorded a homestead statement, both spouses must sign (C.R.S. 38-41-202(4)).

Is a quitclaim deed valid in Colorado if it is not recorded?

Between the parties, yes. Under C.R.S. 38-35-109(1) an unrecorded deed is not valid against a person who acquires rights in the property and records first without notice of it.

Does Colorado have a transfer-on-death deed?

Colorado uses a beneficiary deed under C.R.S. 15-15-401 to 15-15-415. It transfers the property at the owner's death only if it is recorded before the owner dies (C.R.S. 15-15-402(1)).

Does a quitclaim deed remove me from the mortgage?

No. A deed changes who owns the property, not who owes the loan. A lender releases a borrower only through an agreement with the new owner, for example when they agree in writing, before the transfer, that the new owner will be obligated on the loan (12 CFR 191.5(b)(4)).