Tenancy in common is presumed in Colorado law, unless joint tenancy is expressly stated in the deed. When two or more people (natural persons) or entities (corporations, partnerships, LLCs, or trusts, for example) take title to real property as tenants in common, each co-owner has an undivided interest in the property.
While Colorado remains largely landlord-friendly, recent legislative changes have introduced some tenant protections: Extended rent increase notices: Landlords must now provide at least 60 days' notice for rent increases.
Except as provided in sections 38-35-118 and 38-41-202 (4), a joint tenant may sever the joint tenancy between himself or herself and all remaining joint tenants by unilaterally executing and recording an instrument conveying his or her interest in real property to himself or herself as a tenant in common.
A joint tenancy is one method of owning real estate in Illinois that gives multiple owners equal shares in the property. The key feature of a joint tenancy is that each owner (called a joint tenant) has a right of survivorship.
Property in Colorado can only be owned be- tween two or more individuals in joint tenancy or as tenants in common. What if I Want to Add Someone as a Joint Owner on My Asset? Before you change the title or ownership of an asset, under- stand that any such change can cause significant legal and/ or tax consequences.
Joint tenancy property passes directly to the surviving joint tenant(s) and does not go through the probate process.
Colorado is not a community property state in a divorce. Colorado is an equitable distribution state, which means property will be divided by the court in a manner that is deemed fair to both parties, but not necessarily equal, if spouses cannot come to a resolution on their own.
If you want the title in Joint Tenancy with Rights of Survivorship, you will need a completed Department of Revenue form DR 2395 Joint Tenancy Form signed by all parties. You can find this DR2395 Form online at dmvlorado, or we can provide that Form to you.