Legal Question in Family Law in Colorado

homeowner rights

i own my home and my name is the only one on the title, can i remove my husband from the home if he doesn't pay mortgage(or any other bill)and we are not yet divorced?


Asked on 10/07/05, 10:02 pm

1 Answer from Attorneys

The Harris Law Firm, P.C The Harris Law Firm, P.C.

Re: homeowner rights

If you wanted to get your husband out of the home, you'd have to go through the formal eviction process through the courts. And, the house is not automatically your separate property because it's in your name only (but that's the likely result in the divorce proceeding). However, you can file for divorce and ask for a temporary hearing for the Judge to decide who lives in the house while the divorce is pending. More than likely, the Judge would view that process more favorably than a formal eviction proceeding, assuming violence is not an issue.

Hope this helps!

Christine C. Nierenz, Esq.

The Harris Law Firm, P.C.

www.harrisfamilylaw.com

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Answered on 10/10/05, 2:01 pm


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