Colorado § 38-41-205 - Of what homestead may consist.

§ 38-41-205. Of what homestead may consist.

(1) The homestead mentioned in this part 2 may consist of:

(a) A dwelling, as defined in section 38-41-201.7;

(b) A house and lot or lots, including manufactured homes, mobile homes, trailers, and trailer coaches, as set forth in section 38-41-201.6; or

(c) A farm consisting of any number of acres.

Source: R.S. p. 386, § 61. G.L. § 1347. G.S. § 1635. R.S. 08: § 2954. C.L. § 5928. CSA: C. 93, § 27. L. 53: p. 412, § 3. CRS 53: § 77-3-5. C.R.S. 1963: § 77-3-5. L. 82: Entire section amended, p. 552, § 1, effective March 11. L. 2022: Entire section amended, (SB 22-086), ch. 74, p. 376, § 3, effective April 7.

Cross references: For the legislative declaration in SB 22-086, see section 1 of chapter 74, Session Laws of Colorado 2022.

ANNOTATION

Law reviews. For article, "Executions and Levies on Tangible Property", see 27 Dicta 143 (1950). For note, "Colorado Homestead Now Assertable Against Heirs", see 25 Rocky Mt. L. Rev. 84 (1952). For note, "The Homestead Rights of Minor Children in Solvent Estates", see 25 Rocky Mt. L. Rev. 370 (1953). For article, "Homestead and Bankruptcy in Colorado and Elsewhere", see 56 U. Colo. L. Rev. 175 (1985).

Pickup camper shell qualifies as homestead exemption. Although not a traditional house, a camper shell was the home and dwelling of the debtor and qualified for the homestead exemption allowed in § 38-41-201. In re Lepka, 105 B.R. 638 (Bankr. D. Colo. 1989).

The term "farm" includes water rights necessary for irrigation. Without water, most pieces of land are not capable of agricultural production. Therefore, water rights that are necessary to the use of the land for agricultural purposes are covered by the term "farm" and are protected under this exemption. Shigo, LLC v. Hocker, 2014 COA 16, 338 P.3d 421.

Applied in Wells v. W. Greeley Nat'l Bank, 29 B.R. 688 (Bankr. D. Colo. 1983).