(1)Except as
provided in section 38-41-202 (3), to convey or encumber homesteaded property,
the husband and wife, if the owner thereof is married, shall execute the conveyance
or encumbrance. Such conveyance or encumbrance may be by one instrument or
separate instruments which may be acknowledged in the manner provided by
articles 30 to 44 of this title. A recital in any recorded conveyance or encumbrance
of real property of the marital status of the party executing the same or that the
property is or is not occupied as a home by the owner thereof or his family shall be
prima facie evidence of the facts therein stated. If the owner of the homesteaded
property and a person of the opposite sex, both bearing the same surname, join in
the conveyance or encumbrance thereof, the ident
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(1) Except as
provided in section 38-41-202 (3), to convey or encumber homesteaded property,
the husband and wife, if the owner thereof is married, shall execute the conveyance
or encumbrance. Such conveyance or encumbrance may be by one instrument or
separate instruments which may be acknowledged in the manner provided by
articles 30 to 44 of this title. A recital in any recorded conveyance or encumbrance
of real property of the marital status of the party executing the same or that the
property is or is not occupied as a home by the owner thereof or his family shall be
prima facie evidence of the facts therein stated. If the owner of the homesteaded
property and a person of the opposite sex, both bearing the same surname, join in
the conveyance or encumbrance thereof, the identity of surnames shall be prima
facie evidence that such parties are husband and wife for the purposes of this
article.
(2) A homestead exemption may be released by an instrument in writing,
signed by the party who could convey said property. A statement contained in a
mortgage, deed of trust, or other instrument creating a lien waiving or releasing the
homestead shall be construed only as a subordination of the homestead to such
mortgage, deed of trust, or other lien.
(3) If the homestead is claimed by a person who at the time of conveyance or
encumbrance thereof is insane or mentally incompetent and for whose estate there
is a conservator duly appointed by a court of competent jurisdiction as provided by
the laws of Colorado, the court having jurisdiction of the estate of such insane or
mentally incompetent person, wherever it appears to be in the best interests of the
ward, may by order empower such conservator to convey or encumber the
homestead of such insane or mentally incompetent person.
(4) If such insane or mentally incompetent person is married, the conservator
of the estate of the insane or mentally incompetent spouse, when so authorized by
court to convey or encumber the homestead of his ward, may do so by a single
instrument in writing jointly executed by such conservator and the other spouse,
not insane, or such conservator may convey or encumber such homestead of his
ward by a separate instrument.
(5) In all cases wherein the court orders a conveyance or encumbrance of a
homestead claimed by an insane or mentally incompetent person, the actual
consideration for the conveyance or encumbrance of such homestead, whether in
money or equivalent property, but not to exceed the sum of five thousand dollars in
amount or value, shall be delivered to and accounted for by the conservator of the
estate of such insane or mentally incompetent person and such funds or property
coming into the possession of the conservator from such sources shall not be liable
for the debts of the insane or mentally incompetent person.