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Colorado Statutes, Title 38

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Title 38, Property - Real and Personal

0 chapters · 1,193 sections in this title.

All chapters in Title 381,193 Ch 12114 Ch 36110 Ch 13106 Ch 33.382 Ch 3074 Ch 2953 Ch 3844 Ch 639 Ch 2235 Ch 3534 Ch 4134 Ch 126 Ch 2026 Ch 1025

1,193 sections·Filtered byTitle 38✕

Colo. Rev. Stat. § 38-7-100.3 Definitions
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As used in this article 7, unless the context otherwise requires: (1) "Motion for vesting" means a motion described in section 38-7-101 (1) that includes the information required by section 38-7-101 (2). Source: L. 2025: Entire section added, (SB 25-275), ch. 377, p. 2102, § 306,…
Colo. Rev. Stat. § 38-7-101 Motion for vesting - contents
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(1) In any proceeding initiated by an urban renewal authority, as defined in section 31-25-103, C.R.S., under the provisions of article 1 of this title, the petitioner or any respondent, at any time after the petition has been filed and before judgment is entered in the proceedin…
Colo. Rev. Stat. § 38-7-102 Motion for vesting - procedure with respect thereto
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(1) The court shall set a date, not less than twenty-one days after the filing of such motion, for the hearing thereon, and the court shall require at least fourteen days' notice to be given to each party to the proceeding whose interests would be affected by the taking requested…
Colo. Rev. Stat. § 38-7-103 Vesting of title - procedure

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(1) When the certified report of the commissioners is filed with the clerk of the court, the said clerk shall forthwith notify all parties named in the motion for vesting of the filing of the said report and of the amount preliminarily found to constitute just compensation. (2) W…

Colo. Rev. Stat. § 38-7-104 Withdrawals from deposit

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Upon proper application to the court or by stipulation between the parties, the respondent may withdraw from the sum deposited pursuant to section 38-7-103 (2) an amount not to exceed three-fourths of the highest valuation evidenced by testimony presented by the petitioner to the…

Colo. Rev. Stat. § 38-7-105 Construction of article

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The right to take possession and title prior to the final judgment as prescribed in this article is in addition to any other right, power, or authority otherwise conferred by law and shall not be construed as abrogating, limiting, or modifying any such other right, power, or auth…

Colo. Rev. Stat. § 38-7-106 Commissioners - other articles

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Nothing in this article shall be construed to prevent a commissioner appointed under this article from being appointed pursuant to the provisions of articles 1 to 6 of this title in the same eminent domain proceeding. Nothing in this article shall prevent the appointment of a com…

Colo. Rev. Stat. § 38-7-107 Interest

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The petitioner shall pay interest as provided in section 38-1-116; except that no interest shall be allowed on that portion of the award which the respondent received or could have received as a partial payment by withdrawal from the sum deposited by the petitioner pursuant to se…

Colo. Rev. Stat. § 38-8-101 Short title

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The short title of this article 8, which was formerly known as the "Colorado Uniform Fraudulent Transfer Act", is the "Colorado Voidable Transactions Act". Source: L. 91: Entire article added, p. 1681, § 1, effective July 1. L. 2025: Entire section amended, (SB 25-133), ch. 57, p…

Colo. Rev. Stat. § 38-8-102 Definitions

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As used in this article 8, unless the context otherwise requires: (1) "Affiliate" means: (a) A person that directly or indirectly owns, controls, or holds with power to vote twenty percent or more of the outstanding voting securities of the debtor, other than a person that holds …

Colo. Rev. Stat. § 38-8-103 Insolvency

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(1) A debtor is insolvent if the sum of the debtor's debts is greater than all of the debtor's assets at a fair valuation. (2) A debtor that is generally not paying their debts as they become due is presumed to be insolvent. The presumption imposes on the debtor the burden of pro…

Colo. Rev. Stat. § 38-8-104 Value

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(1) Value is given for a transfer or an obligation if, in exchange for the transfer or obligation, property is transferred or an antecedent debt is secured or satisfied, but value does not include an unperformed promise made otherwise than in the ordinary course of the promisor's…

Colo. Rev. Stat. § 38-8-105 Transfer or obligation voidable as to present and future creditors

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(1) A transfer made or obligation incurred by a debtor is voidable as to a creditor, whether the creditor's claim arose before or after the transfer was made or the obligation was incurred, if the debtor made the transfer or incurred the obligation: (a) With actual intent to hind…

Colo. Rev. Stat. § 38-8-106 Transfers or obligation voidable as to present creditors

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(1) A transfer made or obligation incurred by a debtor is voidable as to a creditor whose claim arose before the transfer was made or the obligation was incurred if the debtor made the transfer or incurred the obligation without receiving a reasonably equivalent value in exchange…

Colo. Rev. Stat. § 38-8-107 When transfer is made or obligation is incurred

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(1) For the purposes of this article 8: (a) A transfer is made: (I) With respect to an asset that is real property other than a fixture, but including the interest of a seller or purchaser under a contract for the sale of the asset, when the transfer is so far perfected that a go…

Colo. Rev. Stat. § 38-8-108 Remedies of creditors

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(1) In an action for relief against a transfer or obligation under this article 8, a creditor, subject to the limitations in section 38-8-109, may obtain: (a) Avoidance of the transfer or obligation to the extent necessary to satisfy the creditor's claim; (b) An attachment or oth…

Colo. Rev. Stat. § 38-8-109 Defenses, liability, and protection of transferee or obligee

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(1) A transfer or obligation is not voidable under section 38-8-105 (1)(a) against a person that took in good faith and for a reasonably equivalent value given to the debtor or against a subsequent transferee or obligee. (2) To the extent a transfer is voidable in an action by a …

Colo. Rev. Stat. § 38-8-110 Extinguishment of a claim for relief

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(1) A claim for relief with respect to a voidable transfer or obligation under this article 8 is extinguished unless action is brought: (a) Under section 38-8-105 (1)(a), not later than four years after the transfer was made or the obligation was incurred or, if later, not later …

Colo. Rev. Stat. § 38-8-111 Supplementary provisions

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Unless displaced by the provisions of this article, the principles of law and equity, including the law merchant and the law relating to principal and agent, estoppel, laches, fraud, misrepresentation, duress, coercion, mistake, insolvency, or other validating or invalidating cau…

Colo. Rev. Stat. § 38-8-112 Uniformity of application and construction

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This article shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this article. Source: L. 91: Entire article added, p. 1689, § 1, effective July 1. Editor's note - Colorado legislative change: This section was nu…

Colo. Rev. Stat. § 38-8-113 Relation to electronic signatures in the federal "Electronic Signatures in Global and National Commerce Act"

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This article 8 modifies, limits, or supersedes the federal "Electronic Signatures in Global and National Commerce Act", 15 U.S.C. sec. 7001 et seq., but does not modify, limit, or supersede 15 U.S.C. sec. 7001 (c) or authorize electronic delivery of any of the notices described i…

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. § 38-10-111.5 Trusts to establish or maintain eligibility for certain public assistance void - exceptions

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Any trust established by or for a person that consists of the person's individual assets, income, or property of any kind is void for the purpose of establishing or maintaining eligibility for any public assistance as provided by article 2 of title 26, child care assistance as pr…

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.…

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 financia…

Colo. Rev. Stat. § 38-11-101 Personal property in joint tenancy - how created - vesting upon death

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(1) An estate in joint tenancy in personal property is created if, in the instrument evidencing ownership of such property, it is declared that the property is conveyed, transferred, bequeathed, or held in joint tenancy or as joint tenants, whether or not additional words are use…

Colo. Rev. Stat. § 38-12-1001 Definitions

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As used in this part 10, unless the context otherwise requires: (1) "Bed bug" means the common bed bug, or cimex lectularius. (2) "Bed bug detection team" means a scent detection canine team that holds a current, independent, third-party certification in accordance with the guide…

Colo. Rev. Stat. § 38-12-1002 Bed bugs - notification to landlord - landlord duties

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(1) A tenant shall promptly notify the tenant's landlord via written or electronic notice when the tenant knows or reasonably suspects that the tenant's dwelling unit contains bed bugs. A tenant who gives a landlord electronic notice of a condition shall send such notice only to …

Colo. Rev. Stat. § 38-12-1003 Bed bugs - inspections - treatments - costs

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(1) If a landlord obtains an inspection for bed bugs, the landlord must provide written notice to the tenant within two business days after the inspection indicating whether the dwelling unit contains bed bugs. (2) If a qualified inspector conducting an inspection determines that…