Title 38, Property - Real and Personal
0 chapters · 857 sections in this title.
Colo. Rev. Stat. § 38-10-101 Conveyances to defraud
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Every conveyance of any estate or interest in the lands, or the rents and profits of lands, and every charge upon lands, or upon the rents and profits thereof, made or created with the intent to defraud prior or subsequent purchasers for a valuable consideration of the same lands…
Colo. Rev. Stat. § 38-10-102 Purchaser with notice - prior grantee privy
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No such conveyance or charge shall be deemed fraudulent in favor of a subsequent purchaser, who has actual or legal notice thereof at the time of his purchase, unless it appears that the grantee in such conveyance or person to be benefited by such charge was privy to the fraud in…
Colo. Rev. Stat. § 38-10-103 Conveyance determinable at will of grantor void
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Every conveyance or charge of or upon any estate or interest in lands containing any provision for the revocation, determination, or alteration of such estate or interest, or any part thereof, at the will of the grantor shall be void as against subsequent purchasers from such gra…
Colo. Rev. Stat. § 38-10-104 Power to revoke and reconvey
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When the power to revoke a conveyance of any lands or the rents and profits thereof and to reconvey the same is given to any person other than the grantor in such conveyance and such person thereafter conveys the same lands, rents, or profits to a purchaser for a valuable conside…
Colo. Rev. Stat. § 38-10-105 Conveyance before power vests
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If a conveyance to a purchaser under section 38-10-103 or 38-10-104 is made before the person making the same is entitled to execute his power of revocation, it shall nevertheless be valid from the time the power of revocation actually vests in such person, in the same manner and…
Colo. Rev. Stat. § 38-10-106 Conveyance - trust - power must be in writing
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No estate or interest in lands, other than leases for a term not exceeding one year, nor any trust or power over or concerning lands or in any manner relating thereto shall be created, granted, assigned, surrendered, or declared, unless by act or operation of law, or by deed or c…
Colo. Rev. Stat. § 38-10-107 Not to affect will or trusts by operation of law
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Section 38-10-106 shall not be construed to affect in any manner the power of the testator in the disposition of his real estate by a last will and testament nor to prevent any trust from arising or being extinguished by implication or operation of law. Source: R.S. p. 338, � 7. …
Colo. Rev. Stat. § 38-10-108 Contracts for interests in land - must be written
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Every contract for the leasing for a longer period than one year or for the sale of any lands or any interest in lands is void unless the contract or some note or memorandum thereof expressing the consideration is in writing and subscribed by the party by whom the lease or sale i…
Colo. Rev. Stat. § 38-10-109 Authorized agent may subscribe instrument
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Every instrument required to be subscribed by any party under section 38-10-108 may be subscribed by the agent of such party lawfully authorized by writing. Source: R.S. p. 339, � 9. G.L. � 1259. G.S. � 1518. L. 1887: p. 274, � 1. R.S. 08: � 2663. C.L. � 5108. CSA: C. 71, � 9. CR…
Colo. Rev. Stat. § 38-10-110 Courts may enforce specific performance
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Nothing in this article shall be construed to abridge the powers of courts of equity to compel the specific performance of agreements in cases of part performance of such agreement. Source: R.S. p. 339, � 10. G.L. � 1260. G.S. � 1519. R.S. 08: � 2664. C.L. � 5109. CSA: C. 71, � 1…
Colo. Rev. Stat. § 38-10-111 Trusts for use of grantor void against creditors
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All deeds of gift, all conveyances, and all transfers or assignments, verbal or written, of goods, chattels, or things in action, or real property, made in trust for the use of the person making the same shall be void as against the creditors existing of such person. Source: R.S.…
Colo. Rev. Stat. § 38-10-112 Void agreements
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(1) Except for contracts for the sale of goods which are governed by section 4-2-201, C.R.S., and lease contracts which are governed by section 4-2.5-201, C.R.S., in the following cases every agreement shall be void, unless such agreement or some note or memorandum thereof is in …
Colo. Rev. Stat. § 38-10-113 Goods sold at auction - memorandum
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Whenever goods are sold at auction, and the auctioneer at the time of sale enters in a sale book a memorandum specifying the nature and price of the property sold, the terms of sale, the name of the purchaser, and the name of the person for whose account the sale is made, such me…
Colo. Rev. Stat. § 38-10-114 No delivery or change of possession - effect
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Except as otherwise provided in section 4-2-402 or 4-2.5-308, C.R.S., or except where evidence of the transaction is included in the central registry maintained with respect to transactions relating to title to such goods and chattels, or is duly noted on the certificate of title…
Colo. Rev. Stat. § 38-10-115 Creditors defined
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Creditors, as used in section 38-10-114, includes all persons who are creditors of the vendor or assignor at any time while such goods and chattels remain in his possession or control. Source: R.S. p. 340, � 15. G.L. � 1265. G.S. � 1524. R.S. 08: � 2669. C.L. � 5114. CSA: C. 71, …
Colo. Rev. Stat. § 38-10-116 Lawful agent may subscribe
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Every instrument required by any of the provisions of this article to be subscribed by any party may be subscribed by the lawful agent of such party. Source: R.S. p. 340, � 16. G.L. � 1266. G.S. � 1525. R.S. 08: � 2670. C.L. � 5115. CSA: C. 71, � 16. CRS 53: � 59-1-16. C.R.S. 196…
Colo. Rev. Stat. § 38-10-117 Conveyances to defraud creditors void
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(1) Every conveyance or assignment in writing or otherwise of any estate or interest in lands, goods, or things in action or of any rents and profits issuing thereupon, and every charge upon lands, goods, or things in action or upon the rents and profits thereof made with the int…
Colo. Rev. Stat. § 38-10-118 Grant or assignment of trust
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Every grant or assignment of any existing trust in lands, goods, or things in action, unless the same is in writing and subscribed by the party making the same or by his agent lawfully authorized, shall be void. Source: R.S. p. 340, � 18. G.L. � 1268. G.S. � 1527. R.S. 08: � 2672…
Colo. Rev. Stat. § 38-10-119 Conveyances void against heirs
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Every conveyance, charge, instrument, or proceeding declared to be void by the provisions of this article as against creditors or purchasers shall be equally void against the heirs, successors, personal representatives, or assignees of such creditors or purchasers. Source: R.S. p…
Colo. Rev. Stat. § 38-10-120 Intent, question of fact - want of consideration
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The question of fraudulent intent, in all cases arising under the provisions of this article, shall be deemed a question of fact and not of law; nor shall any conveyance or charge be adjudged fraudulent against creditors or purchasers solely on the ground that it was not founded …
Colo. Rev. Stat. § 38-10-121 Purchaser with notice of fraud
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The provisions of this article shall not be construed in any manner to affect or impair the title of a purchaser for a valuable consideration, unless it appears that such purchaser had previous notice of the fraudulent intent of his immediate grantor or of the fraud rendering voi…
Colo. Rev. Stat. § 38-10-122 Construction of terms
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Lands, as used in this article, means lands, tenements, and hereditaments; and estate and interest in lands includes every estate and interest, freehold and chattel, legal and equitable, present and future, vested and contingent in lands as defined in this section. Source: R.S. p…
Colo. Rev. Stat. § 38-10-123 Term conveyance, how construed
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Conveyance, as used in this article, includes every instrument in writing, except a last will and testament, whatever may be its form and by whatever name it may be known in law, by which any estate or interest in lands is created, aliened, assigned, or surrendered. Source: R.S. …
Colo. Rev. Stat. § 38-10-124 Credit agreements - required to be in writing
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(1) As used in this section, unless the context otherwise requires: (a) Credit agreement means: (I) A contract, promise, undertaking, offer, or commitment to lend, borrow, repay, or forbear repayment of money, to otherwise extend or receive credit, or to make any other financial …