Are Tenants by the Entirety deeds recognized and enforced in Colorado?

Asked 9 months ago - Glenwood Springs, CO

My husband's ex-wife won a judgment against him and we are trying to protect our home.

Additional information

We just filed a Joint Tenancy deed but we are wondering if we should change it to the Tenants by the Entirety deed. The clerk said she could change it since the other deed hasn't been processed yet. We just bought the house two months ago.

Attorney answers (4)

  1. Susan Morath Horner

    Pro

    Contributor Level 10

    2

    Lawyers agree

    Answered . This form of tenancy has become more or less obsolete, but I am not aware of any reason why it would not be recognized in Colorado. It is similar to joint tenancy by right of survivorship, which is generally used by marital couples. You may nonetheless wish to consult an attorney, particularly if this pertains to a child support obligation.

    This response is not intended to create an attorney/client relationship between any individuals, and is not... more
  2. Christopher Daniel Leroi

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . No. They are not recognized in CO anymore.

    The information provided in this answer does not create an attorney-client relationship and is not considered to... more
  3. Daniel Nelson Deasy

    Contributor Level 20

    1

    Lawyer agrees

    Answered . See prior answers.

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  4. Steven R Owens

    Contributor Level 3

    Answered . The answer to your specific question is that Tenancy by the Entirety deeds are only authorized in a few states that have enabling provisions in their statutes. A more general observation is that any attempt to shelter your husband's assets after a judgment is entered can cause you to run afoul of the fraudulent conveyance laws and you should proceed only after meeting with a qualified attorney.

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