2023 Colorado Revised Statutes › Title 38 - PROPERTY - REAL AND PERSONAL (§§ 38-1-101 — 38-53-110) › REAL PROPERTY (§§ 38-30-101 — 38-46-104) › INTERESTS IN LAND (§§ 38-30-101 — 38-34-106) › Article 31 - CO-OWNERSHIP OF REAL PROPERTY (§§ 38-31-101 — 38-31-201) › Part 1 - JOINT TENANCY IN REAL PROPERTY - PROOF OF DEATH (§§ 38-31-101 — 38-31-104) › Section 38-31-101 - Joint tenancy expressed in instrument - when

(1)
Except as otherwise provided in subsection (3) of this section and in section
38-31-201
, no conveyance or devise of real property to two or more natural persons shall create an estate in joint tenancy in real property unless, in the instrument conveying the real property or in the will devising the real property, it is declared that the real property is conveyed or devised in joint tenancy or to such natural persons as joint tenants. The abbreviation "JTWROS" and the phrase "as joint tenants with right of survivorship" or "in joint tenancy with right of survivorship" shall have the same meaning as the phrases "in joint tenancy" and "as joint tenants". Any grantor in any such instrument of conveyance may also be one of the grantees therein.
(1.5)
(a)
The doctrine of the four unities of time, title, interest, and possession is continued as part of the law of this state subject to subsections (1), (3), (4), (5), (6), and (7) of this section and paragraph (b) of this subsection (1.5).
(b)
Subsections (1), (3), (4), (5), (6), and (7) of this section are intended and shall be construed to clarify, supplement, and, limited to their express terms, modify the doctrine of the four unities.
(c)
For purposes of this subsection (1.5), the "doctrine of the four unities of time, title, interest, and possession" means the common law doctrine that a joint tenancy is created by conveyance or devise of real property to two or more persons at the same time of the same title to the same interest with the same right of possession and includes the right of survivorship.
(2)
(Deleted by amendment, L. 2006, p. 240, § 1, effective July 1, 2006.)
(3)
A conveyance or devise to two or more personal representatives, trustees, or other fiduciaries shall be presumed to create an estate in joint tenancy in real property and not a tenancy in common.
(4)
An estate in joint tenancy in real property shall only be created in natural persons; except that this limitation shall not apply to a conveyance or devise of real property to two or more personal representatives, trustees, or other fiduciaries. Any conveyance or devise of real property to two or more persons that does not create or is not presumed to create an estate in joint tenancy in the manner described in this section shall be a conveyance or devise in tenancy in common or to tenants in common.
(5)
(a)
Except as provided in sections
38-35-118
and
38-41-202 (4)
, a joint tenant may sever the joint tenancy between himself or herself and all remaining joint tenants by unilaterally executing and recording an instrument conveying his or her interest in real property to himself or herself as a tenant in common. The joint tenancy shall be severed upon recording such instrument. If there are two or more remaining joint tenants, they shall continue to be joint tenants as among themselves.
(b)
Filing a petition in bankruptcy by a joint tenant shall not sever a joint tenancy.
(6)
(a)
The interests in a joint tenancy may be equal or unequal. The interests in a joint tenancy are presumed to be equal and such presumption is:
(I)
Conclusive as to all persons who obtain an interest in property held in joint tenancy when such persons are without notice of unequal interests and have relied on an instrument recorded pursuant to section
38-35-109
; and
(II)
Rebuttable for all other persons.
(b)
This subsection (6) does not bar claims for equitable relief as among joint tenants, including but not limited to partition and accounting.
(c)
Upon the death of a joint tenant, the deceased joint tenant's interest is terminated. In the case of one surviving joint tenant, his or her interest in the property shall continue free of the deceased joint tenant's interest. In the case of two or more surviving joint tenants, their interests shall continue in proportion to their respective interests at the time the joint tenancy was created.
(d)
For purposes of the "Colorado Medical Assistance Act", articles
4
,
5
, and
6
of title
25.5
, C.R.S., a joint tenancy shall be deemed to be a joint tenancy with equal interests among the joint tenants regardless of the language in the deed or other instrument creating the joint tenancy.
(7)
Nothing in this section shall be deemed to abrogate any existing case law to the extent that such case law establishes other means of severing a joint tenancy.
R.S. p. 106, § 3. G.L. § 162. G.S. § 200. R.S. 08: § 671. C.L. § 4872. CSA: C. 40, § 4. L. 39: p. 285, § 1. CRS 53: § 118-2-1. L. 55: p. 720, § 1. C.R.S. 1963: § 118-2-1. L. 96: Entire section amended, p. 661, § 15, effective July 1. L. 2002: Entire section amended, p. 1361, § 14, effective July 1. L. 2003: (1) amended, p. 2002, § 67, effective May 22. L. 2006: Entire article amended, p. 240, § 1, effective July 1. L. 2008: (1.5), (5), (6), and (7) added, p. 681, § 1, effective April 25.
For tenancy in common of mines, see article 44 of title 34 .