Colo. Rev. Stat. » Title 38
Colorado Revised Statutes

Colo. Rev. Stat. § 38-41-203 (2024)

Exemption only while occupied

✓ C.R.S. 2024: the 2025 and 2026 sessions are not included
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Said property, when so homesteaded, shall only be exempt as provided in this part 2 while occupied as a home by the owner thereof or his family.

Source: R.S. p. 385, § 59. G.L. § 1345. G.S. § 1633. R.S. 08: § 2952. C.L. § 5926. CSA: C. 93, § 25. L. 53: p. 411, § 2. CRS 53: § 77-3-3. C.R.S. 1963: § 77-3-3.

Notes of Decisions
Cited in 5 cases (1 in the last 5 years), 1984–2024 · leading case: Matter of Est. of Dodge, 685 P.2d 260 (Colo. Ct. App. 1984).
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Matter of Est. of Dodge, 685 P.2d 260 (Colo. Ct. App. 1984). · cites it 22× “Petitioner's first contention is that the trial court erred by granting a homestead exemption to the respondent because: (1) respondent failed to file a written counterclaim to petitioner's written claim for a homestead exemption, and (2) respondent was not an "occupant" within…”
In re Patterson, 275 B.R. 578 (Bankr. D. Colo. 2002). · cites it 2× “Colo.Rev.Stat. § 38-41-203 (“Section 203”) provides that the homestead “shall only be exempt .”
Univ. Nat'l Bank v. Harsh, 833 P.2d 846 (Colo. Ct. App. 1992). · cites it 2× “16A): Every homestead in the state of Colorado occupied, as a home by the owner thereof or his family shall be exempt from execution and attachment arising from any debt, contract, or civil obligation not exceeding in value the sum of twenty thousand dollars in actual cash value…”
Welcome to Realty v. Wilson, 2024 COA 122, 564 P.3d 658. · cites it 3× “” § 38-41-203, C.R.S. 2024. If this occupancy requirement is met, “[t]he homestead exemptions described in section 38-41-201 shall be deemed created.”
In re Soles, 497 B.R. 601 (D. Colo. 2013). · cites it 2× “Colo.Rev.Stat. § 38-41-201(l)(a) (emphasis added).”
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