Quitclaim vs. Special Warranty Deeds in Colorado
A quitclaim deed and a special warranty deed can both transfer an ownership interest. Their key difference is the title promises the grantor makes. Choose the form based on the agreement and title review, rather than assuming that a familiar relationship makes warranties unnecessary.
Planning an agreed transfer? See Colorado co-owner property buyout and closing services.
What a quitclaim deed provides
Under C.R.S. § 38-30-113(1)(d), the statutory quitclaim form carries no title warranties and does not pass the grantor’s after-acquired title. It transfers the interest the grantor can convey, without promising that the grantor owns a particular unencumbered interest. The absence of warranties does not make the deed merely temporary or prevent a valid transfer of an existing interest.
What a special warranty deed provides
The special warranty form in § 38-30-113(1)(b), read with subsection (4), provides title covenants limited to the grantor’s period of ownership and claims by or through the grantor. It does not provide the same breadth of protection as a general warranty deed. Read the actual covenants, reservations and exceptions rather than relying only on the heading.
Exceptions can substantially affect protection
Section 38-30-113(5) defines “statutory exceptions,” including specified taxes, survey or inspection matters, and recorded matters. A deed subject to those exceptions may leave important burdens with the buyer. Review the title commitment and the proposed exceptions together; a special warranty deed does not mean that every lien or recorded restriction disappears.
The contract and deed should agree
If the buyout contract calls for a special warranty deed, substituting a quitclaim deed is a substantive change requiring attention. Identify whose interest is being conveyed and avoid copying a full-property form without checking the existing title. Neither deed form removes a departing owner from the mortgage note or guarantees payment of the buyout price.
Title insurance is a separate decision
A deed warranty is a promise from the grantor; title insurance is coverage under a separate policy with its own exclusions and conditions. Have the provider evaluate whether an existing policy protects the newly acquired interest and whether new coverage is appropriate. ColoradoTitle coordinates policies with a licensed title-insurance provider and does not issue them.
Related co-owner buyout resources
- Colorado Co-Owner Property Buyout & Closing Services
- How to Remove a Co-Owner From a Colorado Deed
- Do You Need a Title Company for a Colorado Co-Owner Buyout?
Discuss your Colorado property transfer
Call 720-681-0903 or contact ColoradoTitle to discuss the proposed transaction, role and scope. Confirm a secure way to share documents before sending financial records. A neutral closing engagement represents neither owner; separate legal representation requires conflict review and its own written engagement.
Sources and legal context
Sources checked October 15, 2026. General information; deed language, loan terms, agreements, marital status and title facts can change the result. This page does not establish an attorney-client relationship or decide the requirements of a particular transaction.