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The buyer, or grantee, of a property benefits the most from obtaining a warranty deed. Through the recording of a warranty deed, the seller is providing assurances to the buyer should anything unexpected happen.
A joint tenancy between two persons will be severed if one of the joint tenants conveys his interest to a third party. The remaining owner and the new owner will hold the property as tenants in common.
A Colorado special warranty deed is a recorded instrument that transfers real estate with limited warranty of title. A warranty of title is an enforceable promise from the propertys current ownerthe grantorto the new ownerthe granteethat the propertys title is free of defects.
In short, the distinction between the two forms of warranty deeds is that in a general warranty deed, the seller warrants against anything any owner of the property ever did to encumber title and in a special warranty deed the seller only warrants against anything the seller did to encumber title.
On the death of any one of the joint tenants, the remaining joint tenants will continue to own the whole property including the interest of the deceased joint tenant. There is no need for probate or any deed conveying the interest of the deceased joint tenant to the remaining joint tenants.
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A tenancy by the entirety is similar to a joint tenancy, where a property is co-owned by two or more people. In both types of tenancy, there is a right of survivorship: Upon the death of one owner, their share is automatically passed on to the other tenant, rather than being probated with their estate.
In Colorado, tenants in common is the default. This means that when drafting a deed and purchasing a piece of real property if joint tenancy is not listed tenants in common will be inferred. Tenancy in common is an agreement where two or more people share the ownership rights of the real property.
As joint tenants, each person owns the whole of the property with the other. If one co-owner dies, their interest in the property automatically passes to the surviving co-owner(s), whether or not they have a will. As tenants in common, co-owners own specific shares of the property.
Where do I get copies of deeds or other documents? To get copies of documents you will need to contact the Clerk and Recorders Office online at or via phone at (303) 271-8186.
In a TBE, both people have equal, 100% interest in the property. In a joint tenancy, all parties have an equal interest in the property, but it is not 100%. If two people share the joint tenancy, they both have 50% interest in the property. With TBE, the couple is seen as one entity.

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