§ 38-41-211. Exemption in Addition to Allowances
The homestead exemption granted under this part 2 shall be in addition to and not in lieu of the exempt property and family allowances to a surviving spouse and minor and dependent children of a decedent and the preferences granted to dependents of protected persons under articles 10 to 20 of title 15, C.R.S. Source: […]
§ 38-41-212. Waiver
Any purchase by an encumbrancer, lienholder, or any other person or any redemption by a junior lienholder pursuant to a foreclosure sale conducted by any court, sheriff, public trustee, or other public official pursuant to a mortgage, deed of trust, or other lien which contains a waiver of homestead rights in the encumbered property shall […]
§ 38-41-201. Homestead Exemption – Definitions
Every homestead in the state of Colorado shall be exempt from execution and attachment arising from any debt, contract, or civil obligation not exceeding in actual cash value in excess of any liens or encumbrances on the homesteaded property in existence at the time of any levy of execution thereon: The sum of seventy-five thousand […]
§ 38-41-201.5. Legislative Declaration of Homestead Exemption for Mobile Homes
The general assembly hereby finds and declares that, as the cost of conventional housing continues to escalate, mobile homes will become an ever larger percentage of the total housing supply, particularly for the elderly and the low-to-moderate income groups; that the purchase of a mobile home is a major investment; that most mobile homes are […]
§ 38-41-201.6. Mobile Home, Manufactured Home, Trailer, and Trailer Coach Homestead Exemption
A manufactured home as defined in section 38-29-102 (6) that includes a mobile home or manufactured home as defined in section 38-12-201.5 (5), 5-1-301 (29), or 42-1-102 (106)(b), that has been purchased by an initial user or subsequent user, and for which a certificate of title or registration has been issued in accordance with section […]
§ 38-41-202. Homestead to Be Created Automatically in Certain Cases – Filing of Statement Required in Other Cases
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. A homestead exemption granted under the provisions of this part 2 shall not be deemed […]
§ 38-41-203. Exemption Only While Occupied
Said property, when so homesteaded, shall only be exempt as provided in this part 2 while occupied as a home by the owner thereof or his family. Source: R.S. p. 385, § 59. G.L. § 1345. G.S. § 1633. R.S. 08: § 2952. C.L. § 5926. CSA: C. 93, § 25. L. 53: p. 411, […]
§ 38-41-204. Surviving Spouse and Minor Children Entitled
When any person dies seized of a homestead leaving a surviving spouse or minor children, such surviving spouse or minor children are entitled to the homestead exemption. In cases where there is neither surviving spouse nor minor children, the homestead shall be liable for the debts of the deceased. Source: R.S. p. 385, § 60. […]
§ 38-41-205. Of What Homestead May Consist
The homestead mentioned in this part 2 may consist of a house and lot or lots or of a farm consisting of any number of acres. Source: R.S. p. 386, § 61. G.L. § 1347. G.S. § 1635. R.S. 08: § 2954. C.L. § 5928. CSA: C. 93, § 27. L. 53: p. 412, § […]
§ 38-41-206. Levy on Homestead – Excess – Costs
Before any creditor of the owner of the homesteaded property may proceed against said property, such creditor shall file with the county clerk and recorder of the proper county and the sheriff or other proper officer authorized to levy on said property: His affidavit showing: A description of the homesteaded property and the name of […]