Holding Title in Colorado
Colorado co-owners hold title as tenants in common (the default) or as joint tenants with right of survivorship. Joint tenancy must be expressly created with words like 'joint tenants' or 'JTWROS' and is available only to natural persons. Importantly, Colorado does not recognize tenancy by the entireties — any attempt to create one is treated as a joint tenancy.
By Find Local Law Editorial Team · Last reviewed: May 26, 2026
Researched and drafted with AI assistance and verified against primary sources (statutes, Judicial Council forms, and official court websites). This is general information, not legal advice.
This is general information, not legal advice. Confirm the current rule on the official sources below, or talk to a Colorado real estate attorney.
How you take title decides what happens to your share when you sell, pass away, or split with a co-owner. Colorado gives co-owners two main choices.
Tenants in common — the default
When two or more people co-own Colorado property, the default is tenancy in common (C.R.S. § 38-31-101). Each owner holds a separate, transferable share, and there is no automatic right of survivorship — a deceased owner’s share passes through their estate, not to the other owners.
Joint tenancy with right of survivorship
Co-owners can instead hold as joint tenants with right of survivorship, where a surviving owner automatically takes a deceased owner’s share. But joint tenancy must be expressly created with words like “joint tenants” or “JTWROS,” and it is available only to natural persons (C.R.S. § 38-31-101). It won’t be assumed from silence.
No tenancy by the entireties
Some states let married couples hold as tenants by the entireties. Colorado does not recognize it — any attempt to create one is treated as a joint tenancy (C.R.S. § 38-31-201). So married Coloradans choosing survivorship are generally using joint tenancy, not entireties.
To see how title gets transferred in the first place, read buying and selling a home. For more statewide property basics, see the real estate hub.
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Start your free intakeFrequently asked questions
- What is the default way to co-own property in Colorado?
- Tenancy in common is the default. Each co-owner holds a separate, transferable share, and there is no automatic right of survivorship (C.R.S. 38-31-101).
- How do you create a joint tenancy in Colorado?
- It must be expressly created using words like 'joint tenants' or 'JTWROS,' and joint tenancy is available only to natural persons (C.R.S. 38-31-101). Survivors take the deceased owner's share automatically.
- Does Colorado recognize tenancy by the entireties?
- No. Colorado does not recognize tenancy by the entireties, and any attempt to create one is treated as a joint tenancy (C.R.S. 38-31-201).
Sources
Related guides
- Buying and Selling a Home in Colorado Colorado real property is conveyed by deed and recorded with the county clerk and recorder. Colorado is a race-notice recording state, so a later buyer who takes without notice of a prior unrecorded interest and records first can win. Standard residential contracts are promulgated by the Colorado Real Estate Commission, most sales use a licensed broker, and a Seller's Property Disclosure is customary.
- Colorado Landlord–Tenant Rules: Deposits & Habitability Colorado landlords must return a security deposit, with a written statement of any deductions, within one month after the tenancy ends — unless the lease sets a longer period not to exceed 60 days. A landlord who misses the deadline forfeits the right to withhold any of the deposit, and willful wrongful retention exposes the landlord to treble damages plus attorney fees. Every residential lease also includes an implied warranty of habitability.
- Evictions in Colorado (Forcible Entry and Detainer) Colorado eviction is called Forcible Entry and Detainer (FED). For residential nonpayment of rent, the landlord must serve a written demand for payment or possession — generally a 10-day notice for standard residential tenancies. This area was amended in 2024 and is amendment-prone, so confirm the current rule. Self-help eviction — lockouts or utility shutoffs — is illegal; only a sheriff acting on a court order may remove a tenant.
- Foreclosure in Colorado (Public Trustee) Colorado uses a public trustee foreclosure system, C.R.S. 38-38-101 and following. A neutral county public trustee administers the notice, publication, and sale process for foreclosures on deeds of trust. This is distinct from purely judicial or purely private foreclosure systems used in other states, and the public trustee's role is to run the process as a neutral official.
- HOAs and CCIOA in Colorado Colorado common-interest communities — condominiums and HOAs — are governed by the Colorado Common Interest Ownership Act (CCIOA), C.R.S. 38-33.3-101 and following. CCIOA sets out association powers, owner rights, assessments, and governance for these communities, providing the statewide framework that shapes how an HOA or condo association can operate and what owners can expect.
- Related area: Business Law in Colorado