(1) As used in this part 2, unless the context otherwise requires, dwelling means conventional housing and personal property that is actually used as a residence, including:
(a) A vehicle, as defined in section 42-1-102 (112), including any trailer, as defined in section 42-1-102 (105);
(b) A vessel, as defined in section 33-13-102 (5);
(c) A camper coach, as defined in section 42-1-102 (13);
(d) Mounted equipment, as defined in section 42-1-102 (60);
(e) A railway car;
(f) A shipping or cargo container or shed;
(g) A yurt; and
(h) A tiny home, whether movable on wheels or stationary on a foundation.
Source: L. 2022: Entire section added, (SB 22-086), ch. 74, p. 376, � 4, effective April 7.
Cross references: For the legislative declaration in SB 22-086, see section 1 of chapter 74, Session Laws of Colorado 2022.
38-41-202. Homestead to be created automatically in certain cases - filing of statement required in other cases. (1) The homestead exemptions described in section 38-41-201 shall be deemed created and may be claimed if the occupancy requirement of section 38-41-203 and the requirement of section 38-41-205 relating to the type of property which may be homesteaded are met.
(2) (a) A homestead exemption granted under the provisions of this part 2 shall not be deemed created and may not be claimed if the debt, contract, or civil obligation which is the basis for the execution and attachment was entered into or incurred prior to July 1, 1975, unless the owner of the property (householder) records in the office of the county clerk and recorder of the county where the property is situate an instrument in writing describing such property, setting forth the nature and source of the owner's interest therein, and stating that the owner is homesteading such property, which instrument may be acknowledged as provided by law.
(b) The spouse of the owner of the property may homestead the property in the manner provided in paragraph (a) of this subsection (2) with the same effect as if the owner had done so.
(3) Subject to the provisions of subsection (4) of this section, property homesteaded solely by operation of the automatic provisions of subsection (1) of this section 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. The owner of the property shall be determined without regard to the ownership of any homestead rights.
(4) If the owner of the property (householder) or the spouse of the owner records in the office of the county clerk and recorder of the county where the property is situated an instrument in writing describing the property, setting forth the name of the owner of the property and the nature and source of the owner's interest in the property, and stating that the owner or the owner's spouse is homesteading the property (which instrument may be acknowledged as provided by law), then the signature of both spouses to convey or encumber the property is required.
Source: R.S. p. 385, � 58. G.L. � 1344. G.S. � 1632. L. 03: p. 246, � 1. R.S. 08: � 2951. L. 11: p. 452, � 1. C.L. � 5925. CSA: C. 93, � 24. L. 53: p. 411, � 1. CRS 53: � 77-3-2. C.R.S. 1963: � 77-3-2. L. 73: p. 1157, � 3. L. 75: Entire section R&RE, p. 1444, � 2, effective July 14. L. 77: (3) and (4) added, p. 1719, � 2, effective May 27. L. 2015: (2)(b) and (4) amended, (HB 15-1069), ch. 27, p. 67, � 1, effective August 5.