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38-11-101. Personal property in joint tenancy - how created - vesting upon death.

Statute text

(1) An estate in joint tenancy in personal property is created if, in the instrument evidencing ownership of such property, it is declared that the property is conveyed, transferred, bequeathed, or held in joint tenancy or as joint tenants, whether or not additional words are used relating to tenancy in common or survivorship. The abbreviation "JTWROS" and the phrase "as joint tenants with right of survivorship" or "in joint tenancy with right of survivorship" shall have the same meaning. Upon the death of any such joint tenants, the title to and ownership of such personal property passes immediately to and vests in the surviving joint tenant or tenants. Any grantor or transferor in any such instrument of conveyance or transfer may also be one of the grantees or transferees therein.

(2) Repealed.

(3) Any such instrument evidencing ownership executed prior to July 1, 1996, as amended in compliance with subsection (1) of this section shall be deemed to have created an estate in joint tenancy.

History

Source: L. 37: p. 792, 1. CSA: C. 92, 17. L. 39: p. 286, 1. CRS 53: 76-1-5. L. 59: p. 528, 1. C.R.S. 1963: 76-1-5. L. 96: Entire section amended, p. 661, 14, effective July 1. L. 2002: (2) amended, p. 1361, 13, effective July 1. L. 2003: (2) repealed, p. 2002, 66, effective May 22.

Annotations

Cross references: For joint tenancy in real property, see article 31 of this title; for joint tenancy in bank accounts, see 11-105-105 and article 15 of title 15; for joint rights and obligations generally, see article 50 of title 13.

Annotations

 

ANNOTATION

Annotations

Law reviews. For article, "Joint Tenancy in Colorado", see 26 Dicta 313 (1949). For article, "Simple Devices for the Transfer of Assets Without Administration", see 27 Dicta 277 (1950). For article, "Ownership of Personal Property Accumulated During a Marriage", see 17 Colo. Law. 623 (1988).

Rights fixed and vested at creation of joint tenancy. The rights are fixed and vested in the joint tenants at the time of the creation of the joint tenancy under this section. Smith v. Greenburg, 121 Colo. 417, 218 P.2d 514 (1950).

To create joint tenancy with survivorship rights, there must be specific language manifesting such intent; where the instrument is silent or ambiguous as to the nature of the joint estate created, it will be construed as creating a tenancy in common and not a joint tenancy, and, if legal relief is sought, the naked wording alone without meeting statutory requirements will be insufficient to create a joint tenancy. Chilson v. Reed, 154 Colo. 149, 389 P.2d 87 (1964).

Where a husband, possessing corporate stock certificates issued in his name, indorses and delivers them to another with the request that new certificates be procured therefor naming his wife and himself as joint tenants with the right of survivorship and not as tenants in common, a joint tenancy was established. Eisenhardt v. Lowell, 105 Colo. 417, 98 P.2d 1001 (1940).

Circumstances unnecessary for creation of joint tenancy in bank account. It is not necessary for a joint tenant donee to have knowledge of the creation of the account, to sign a signature card, or to deposit or withdraw funds from the account in order to establish a valid joint tenancy in a bank account. Estate of Barnhart, 194 Colo. 505, 574 P.2d 500 (1978).

In order to set aside joint tenancy properly created, it is necessary to show that the joint tenancy was created purely for the convenience or a business necessity of the putative donor, and that no right of survivorship was intended. Estate of Barnhart v. Burkhardt, 38 Colo. App. 544, 563 P.2d 972 (1977), aff'd, 194 Colo. 505, 574 P.2d 500 (1978).

Applied in Sacco v. Oxley, 402 F.2d 155 (10th Cir. 1968).


TENANTS AND LANDLORDS


ARTICLE 12
TENANTS AND LANDLORDS

Annotations

Law reviews: For article, "The Effect of Zoning Violations on the Enforceability of Leases", see 19 Colo. Law. 2077 (1990); for article, "2021 Changes to Colorado Landlord-Tenant Law", see 50 Colo. Law. 22 (Nov. 2021).

 

Section

 

PART 1 SECURITY DEPOSITS - WRONGFUL WITHHOLDING

38-12-101. Legislative declaration.

38-12-102. Definitions.

38-12-102.5. Security deposits - maximum amount.

38-12-103. Return of security deposit.

38-12-104. Return of security deposit - hazardous condition - gas appliance.

38-12-105. Late fees charged to tenants and mobile home owners - maximum late fee amounts - prohibited acts - penalties - period to cure violation - remedies - unfair or deceptive trade practice.

38-12-106. Security deposits - limitation on pet security deposit and rent - definition.

 

PART 2 MOBILE HOME PARK ACT

38-12-200.1. Short title.

38-12-200.2. Legislative declaration.

38-12-201. Application of part 2.

38-12-201.3. Legislative declaration - increased availability of mobile home parks.

38-12-201.5. Definitions.

38-12-202. Tenancy - notice to quit.

38-12-202.5. Action for termination.

38-12-203. Reasons for termination.

38-12-203.5. Change in use of the park - remedies for home owners - definitions.

38-12-204. Nonpayment of rent - notice required for rent increase - limitation on rent increases.

38-12-204.3. Notice required for termination.

38-12-205. Termination prohibited.

38-12-206. Home owner meetings - assembly in common areas - meeting hosted by landlord.

38-12-207. Security deposits - legal process.

38-12-208. Remedies.

38-12-209. Entry fees prohibited.

38-12-210. Closed parks prohibited.

38-12-211. Selling and transfer fees prohibited - "for sale" signs permitted.

38-12-212. Certain types of landlord-seller agreements prohibited.

38-12-212.3. Responsibilities of landlord - acts prohibited.

38-12-212.4. Required disclosure and notice of water usage and billing - responsibility for leaks.

38-12-212.5. Prohibition on retaliation and harassment - definition.

38-12-212.7. Landlord utilities account.

38-12-213. Rental agreement - disclosure of terms in writing - prohibited provisions.

38-12-214. Rules and regulations - amendments - notice - complaints.

38-12-215. New developments and parks - rental of sites to dealers authorized.

38-12-216. Mediation, when permitted - court actions.

38-12-217. Notice of change in use - notice of sale or closure of park - opportunity for home owners to purchase - procedures - exemptions - enforcement - private right of action - definition.

38-12-218. Mobile home owners - right to form a cooperative.

38-12-219. Home owners' and landlords' rights.

38-12-220. Private civil right of action.

38-12-221. Access by counties and municipalities.

38-12-222. Residents' right to privacy.

38-12-223. Tenancy and park sale records.

 

PART 3 LOCAL CONTROL OF RENTS PROHIBITED

38-12-301. Control of rents by counties and municipalities prohibited - legislative declaration.

38-12-302. Definitions.

 

PART 4 VICTIMS OF UNLAWFUL SEXUAL BEHAVIOR, STALKING, DOMESTIC VIOLENCE, AND DOMESTIC ABUSE

38-12-401. Definitions.

38-12-402. Protection for victims of unlawful sexual behavior, stalking, or domestic violence.

 

PART 5 OBLIGATION TO MAINTAIN RESIDENTIAL PREMISES - UNLAWFUL REMOVAL

38-12-501. Legislative declaration - matter of statewide concern - purposes and policies.

38-12-502. Definitions.

38-12-503. Warranty of habitability - notice - landlord obligations.

38-12-504. Tenant's maintenance of premises.

38-12-505. Uninhabitable residential premises - habitability procedures - rules.

38-12-506. Exception for certain single-family residences.

38-12-507. Breach of warranty of habitability - tenant's remedies.

38-12-508. Landlord's defenses to a claim of breach of warranty - limitations on claiming a breach.

38-12-509. Prohibition on retaliation.

38-12-510. Unlawful removal or exclusion.

38-12-511. Application.

 

PART 6 ELECTRIC VEHICLE CHARGING SYSTEMS

38-12-601. Unreasonable restrictions on electric vehicle charging systems and electric vehicle parking - definitions.

 

PART 7 NOTICE OF RENT INCREASE

38-12-701. Notice of rent increase.

38-12-702. Limit on frequency of residential rent increases.

 

PART 8 REQUIRED DOCUMENTATION

38-12-801. Written rental agreement - prohibited clauses - copy - tenant - applicability - definitions.

38-12-802. Tenant payment - receipts.

38-12-803. Disclosure - elevated radon - definition.

 

PART 9 RENTAL APPLICATION FAIRNESS ACT

38-12-901. Short title.

38-12-902. Definitions.

38-12-903. Rental application fee - limitations.

38-12-904. Consideration of rental applications - limitations - portable tenant screening report - notice to prospective tenants - denial notice.

38-12-905. Violations - liability - notice required - exceptions - no exhaustion of remedies required.

 

PART 10 BED BUGS IN RESIDENTIAL PREMISES

38-12-1001. Definitions.

38-12-1002. Bed bugs - notification to landlord - landlord duties.

38-12-1003. Bed bugs - inspections - treatments - costs.

38-12-1004. Bed bugs - access to dwelling unit and personal belongings - notice - costs.

38-12-1005. Bed bugs - renting of dwelling units with bed bugs prohibited.

38-12-1006. Remedies - liability.

38-12-1007. Relationship to warranty of habitability.

 

PART 11 MOBILE HOME PARK ACT DISPUTE RESOLUTION AND ENFORCEMENT PROGRAM

38-12-1101. Short title.

38-12-1102. Legislative declaration.

38-12-1103. Definitions.

38-12-1104. Dispute resolution program - creation - division of housing - duties - report - rules.

38-12-1105. Dispute resolution program - complaint process.

38-12-1106. Registration of mobile home parks - process - fees.

38-12-1107. Registration information database.

38-12-1108. Mobile home park complaint and water issue database.

38-12-1109. Mobile home park act dispute resolution and enforcement program annual report.

38-12-1110. Mobile home park act dispute resolution and enforcement program fund.

 

PART 12 IMMIGRANT TENANT PROTECTION ACT

38-12-1201. Short title.

38-12-1202. Definitions.

38-12-1203. Prohibition on activities related to a tenant's immigration or citizenship status.

38-12-1204. Authorized conduct.

38-12-1205. Remedies.


PART 1
SECURITY DEPOSITS - WRONGFUL WITHHOLDING