(1) Every homestead in the state is
exempt from execution and attachment arising from any debt, contract, or civil obligation not
exceeding in actual cash value in excess of any liens or encumbrances on the homesteaded
property in existence at the time of any levy of execution thereon:
(a) The sum of two hundred fifty thousand dollars if the homestead is occupied as a
home by an owner or an owner's family; or
(b) The sum of three hundred fifty thousand dollars if the homestead is occupied as a
home by an owner who is elderly or disabled, an owner's spouse who is elderly or disabled, or an
owner's dependent who is elderly or disabled.
(2) As used in this section, unless the context otherwise requires:
(a) "Disabled" means having a physical or mental impairment that is disabling and that,
because of other factors such as age, training, experience, or social setting, substantially
precludes the person from engaging in a useful occupation as a homemaker, a wage earner, or a
self-employed person in any employment that exists in the community and for which the person
has competence.
(b) "Elderly" means sixty years of age or older.
Source: R.S. p. 385, § 57. G.L. § 1343. G.S. § 1631. R.S. 08: § 2950. C.L. § 5924.
CSA: C. 93, § 23. L. 51: p. 522, § 1. CRS 53: § 77-3-1. C.R.S. 1963: § 77-3-1. L. 73: p. 916, §
2. L. 75: Entire section R&RE, p. 1444, § 1, effective July 14. L. 81: Entire section amended, p.
1828, § 1, effective May 21. L. 91: Entire section amended, p. 384, § 6, effective May 1. L.
2000: Entire section amended, p. 717, § 3, effective May 23. L. 2007: Entire section amended, p.
879, § 7, effective May 14. L. 2015: (1) amended, (SB 15-283), ch. 301, p. 1241, § 6, effective
July 1. L. 2022: Entire section amended, (SB 22-086), ch. 74, p. 375, § 2, effective April 7.
Cross references: (1) For the legislative declaration in the 2007 act amending this
section, see section 1 of chapter 226, Session Laws of Colorado 2007.
(2) For the legislative declaration in SB 22-086, see section 1 of chapter 74, Session
Laws of Colorado 2022.
Notes of Decisions
Cited in
65
cases (
7 in the last 5 years), 1979–2026 · leading case:
Howell v. Farrish, 725 P.2d 9 (Colo. Ct. App. 1986).
Howell v. Farrish, 725 P.2d 9 (Colo. Ct. App. 1986).
· cites it 20× “Section 38-41-201, C.R.S. (1982 Repl.Vol.”
In re Withington, 594 B.R. 696 (Bankr.D. Colo. 2018).
· cites it 6× “They initially claimed a homestead exemption for it under Colo. Rev. Stat. §§ 38-41-201 (1)(a), 38-41-201.”
In Re Hermansen, 84 B.R. 729 (Bankr.D. Colo. 1988).
· cites it 4× “00 homestead exemption in this property pursuant to C.R.S. § 38-41-201 and 11 U.S.C. § 522 (b)(1).”
Janicek v. Obsideo, LLC, 271 P.3d 1133 (Colo. Ct. App. 2011).
· cites it 3× “According ly, homeowners argue that they are entitled to the excess proceeds because, in the second deed of trust, Obsideo waived its right under section 88-41-212(1) to take the property free of their homestead rights.”
In re Romero, 533 B.R. 807 (Bankr.D. Colo. 2015).
· cites it 12× “The Peterbilt Truck is not exempt under either C.R.S. §§ 38-41-201 or 201.5. *818 JUDGMENT shall enter DENYING the Debtor’s claim of a homestead exemption in the Peterbilt Truck.”
In re Benbow, 496 B.R. 605 (Bankr.D. Colo. 2013).
· cites it 8× “The question then arises whether, under Colorado law, Stoorman’s charging lien is subject to a homestead exemption that may be claimed upon sale proceeds of an exempt homestead under Colo. Rev. Stat. §§ 38-41-201 & 38-41-207.”
Robinson v. Robinson (In Re Robinson), 114 B.R. 716 (D. Colo. 1990).
· cites it 4× “The Robinsons claimed their interest in their home as exempt from the bankruptcy estate under the Colorado Homestead Exemption, Colo.Rev.Stat. §§ 38-41-201, 202 (1982). At the time of their filing, the home was worth $101,000.”
In Re Fry, 83 B.R. 778 (Bankr.D. Colo. 1988).
· cites it 3× “Can § 522(f) of the Bankruptcy Code be used in Colorado in light of the wording and case history of § 38-41-201, et seq.1 2. Must there be equity in the property before a homestead exemption can be claimed? The following facts are undisputed.”
Duden v. Rosenthal (In Re Duden), 102 B.R. 797 (D. Colo. 1989).
· cites it 4× “§ 522 (f) and Colo.Rev.Stat. § 38-41-201 (1983), citing his opinion in In re Fry, 83 B.”
People v. Allen, 767 P.2d 798 (Colo. Ct. App. 1988).
· cites it 3× “Section 38-41-201, C.R.S. (1982 Repl.Vol.”
In Re Raymond, 132 B.R. 53 (Bankr.D. Colo. 1991).
· cites it 4× “Raymond has claimed a homestead exemption in a residence owned solely by her under C.R.S. § 38-41-201. That Colorado statute provides that every household occupied as a home by the owner or his family shall be exempt up to $20,000.”
— Colo. Rev. Stat. § 38-41-201(1) — 3 cases
— Colo. Rev. Stat. § 38-41-201(1)(a) — 3 cases
Janicek v. Obsideo, LLC, 271 P.3d 1133 (Colo. Ct. App. 2011).
“According ly, homeowners argue that they are entitled to the excess proceeds because, in the second deed of trust, Obsideo waived its right under section 88-41-212(1) to take the property free of their homestead rights.”
— Colo. Rev. Stat. § 38-41-201(1)(b) — 2 cases
— Colo. Rev. Stat. § 38-41-201(2) — 1 case
— Colo. Rev. Stat. § 38-41-201(a) — 1 case
In re Romero, 533 B.R. 807 (Bankr.D. Colo. 2015).
“The Peterbilt Truck is not exempt under either C.R.S. §§ 38-41-201 or 201.5. *818 JUDGMENT shall enter DENYING the Debtor’s claim of a homestead exemption in the Peterbilt Truck.”
— Colo. Rev. Stat. § 38-41-201(l)(a) — 2 cases
Annotations are extracted automatically from the opinions in the
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