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The dangers of joint tenancy include the following: Danger #1: Only delays probate. Danger #2: Probate when both owners die together. Danger #3: Unintentional disinheriting. Danger #4: Gift taxes. Danger #5: Loss of income tax benefits. Danger #6: Right to sell or encumber. Danger #7: Financial problems.
Taking Title To Real Property The three most common ways of taking title to real estate in Colorado are: A) in severalty, B) as tenants in common, or C) as joint tenants. Colorado state law prevents your broker from advising you on how to take 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.
In some states, a TOD or JTWROS beneficiary designation is even allowed for real property. When an account or asset has a TOD or JTWROS designation, the right of survivorship precedes any beneficiary designations made in a will or trust.
Colorado law does not recognize tenancy by the entirety. Property in Colorado can only be owned be- tween two or more individuals in joint tenancy or as tenants in common.
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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.
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.
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.
In Colorado, this form of joint ownership is available: Joint tenancy. Property owned in joint tenancy automatically passes to the surviving owners when one owner dies.
The sole owner may use, encumber, rent, sell, donate, or convey it at their discretion. The owner may transfer the property through a will, trust, or beneficiary deed upon their death. If the owner does not designate what is to happen upon his/her death, the property passes on to the legal heirs.

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