§ 38-41-208 — Survival of exemption

Colorado § 38-41-208

• Jurisdiction: Colorado
• Title 38: Property -
• Art.: Limitations - Homestead Exemptions

Text

(1) If the property qualifies as a
homestead for a joint tenant who is the husband or wife of the other joint tenant or
one of the other joint tenants, then, upon the death of either spouse, the homestead
shall continue in effect on the interest in such property of the surviving spouse. If
the property qualifies as a homestead for a joint tenant who is the parent of one or
more of the other joint tenants who are minors, then, upon the death of such parent
leaving no spouse surviving, the homestead shall continue in effect on the interest
in such property of the surviving minor children.

(2) If the property qualifies as a homestead for a joint tenant who is not
related to any other joint tenant as husband or wife or parent and minor child, then,
upon the death of such joint tenant, his homestead shall cease and terminate, and
the property shall be held by the surviving tenants free of any homestead interest
of such decedent, his spouse, or his minor children.

Legislative History

Source: L. 53: p. 413, � 6. CRS 53: � 77-3-8. C.R.S. 1963: � 77-3-8. L. 75: Entire section R&RE, p. 1446, � 5, effective July 14.