Terminating Joint Tenancy in Colorado
Terminating joint tenancy can mean changing survivorship rights while keeping shared ownership, or completing a buyout that leaves one owner. Those are different outcomes. Decide which outcome is intended before choosing a deed or naming the agreement.
Planning an agreed transfer? See Colorado co-owner property buyout and closing services.
Read the vesting language
C.R.S. § 38-31-101 addresses creation of joint tenancy, including express joint-tenancy and survivorship language, with special rules for fiduciaries. Do not infer survivorship merely because two people appear on the deed. Confirm the actual instrument, the owners and any later transfers.
Severance does not remove the other owner
Section 38-31-101(5)(a) permits a joint tenant, subject to stated exceptions, to sever by executing and recording a conveyance of their own interest to themselves as a tenant in common. Under that statutory method, severance occurs on recording. It changes the form of ownership; it does not convey the other owner’s interest, pay for that interest or settle all claims.
A buyout can produce sole ownership
Where one of two owners conveys their entire interest to the other, the objective is sole ownership after the transaction is completed. The agreement should describe the transfer, payment and intended final ownership directly. A document titled “termination of joint tenancy” should not obscure whether someone is actually selling an interest or merely changing survivorship.
Check exceptions and effects before recording
The statute expressly references C.R.S. §§ 38-35-118 and 38-41-202(4). Homestead and spousal issues, existing agreements, court orders and other title facts can affect the analysis. With more than two joint tenants, severance by one can leave the remaining owners in joint tenancy among themselves. Obtain advice about the particular interests rather than using a two-owner example as a universal rule.
Coordinate estate and loan planning
A survivorship change can affect what happens on death, and may require updates to estate planning. Severance does not refinance a loan, discharge a borrower or remove liens. If payment is part of the transaction, coordinate deed delivery and recording with written funding conditions. If the owner has already died, the needed proof and recording process may be different.
Related co-owner buyout resources
- Colorado Co-Owner Property Buyout & Closing Services
- Unmarried Co-Owners Separating in Colorado
- Does a Colorado Deed Transfer Remove Mortgage Liability?
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.