Can husband evict me and our daughter

Previous | Next
 rated by 0 users
Latest post 09-14-2007 1:32 PM by LynnM. 7 replies.
  • 09-13-2007 4:43 PM

    • SadNCo
    • Not Ranked
    • Joined on 09-13-2007
    • Posts 2

    Question [=?] Can husband evict me and our daughter

    We are considered common law married in the

    state of Colorado because we have presented

    ourselves as husband and wife for 13 years, and

    filed married jointly on taxes. When I say our

    daughter, it is because she considers him her dad

    since she was 3 years old. To make a longgggg

    story short, I am in college and have been for over

    6 years now and haven't worked, as i was told I

    did not have to. For the past 2 years I have felt it

    is over due to his drug and alcohol abuse. I feel

    that he has taken advantage of the fact that I have

    no job or money or a place to go, therefore he

    continues to do as he pleases. This week he has

    for the first time ever, told me to leave or don't be

    surprised if he gets a sheriff to have me evicted.

    My question is: Can he have me evicted? If so

    why? How? Can I have him evicted? If so how?

    Thank you for your time. Very sad in Colorado.
  • 09-13-2007 6:30 PM In reply to

    Question [=?] re: Can husband evict me and our daughter

    WHo owns the house?
  • 09-13-2007 8:35 PM In reply to

    More [=+=] Legal separation but still live in same home? By: SadNCo

    Consumer
    Date: 9/13/2007 4:47:47 PM
    Member Since: 9/13/2007
    State: CO

    Can my husband and I still live under the same

    roof while I file for legal separation because I

    have no job, currently seeking, as i am in college

    and have been for over 6 years now. We have not

    slept in the same bed for over 10 months,he sleeps

    downstairs, actually lives down there.
  • 09-13-2007 8:49 PM In reply to

    • SadNCo
    • Not Ranked
    • Joined on 09-13-2007
    • Posts 2

    Sad [:(] re: Can husband evict me and our daughter

    It is in his name but the second is in both but a paralegal has told me that it is considered community property in colorado, because we are common law married. But no one can give me a straight answer about him being able to evict me..I am his wife not his tenant.. :(
  • 09-14-2007 3:24 AM In reply to

    re: Can husband evict me and our daughter

    You are going to have to prove that you are/were married in order to assert any community property rights. The party asserting the existence of a common law marriage has the burden of proof. He can seek to legally evict you since he doesn't have to disprove the marriage and can prove that he holds title to the house. It would be really wise to consult a local attorney NOW.
  • 09-14-2007 12:21 PM In reply to

    re: Can husband evict me and our daughter

    He would have to file eviction paperwork to have you evicted, and you could easily address the issue of the CL marriage as a defense/reason why this doesn't belong in landlord-tenant court. Doesn't matter whose name the house is in.

    Any attempt to evict him via landlord-tenant avenue would be equally unsuccessful.

    You should be talking with a local divorce attorney or two and hiring one. You can petition the divorce court to award you possession of the marital home pending the outcome of the divorce, at a minimum.

  • 09-14-2007 12:26 PM In reply to

    re: Legal separation but still live in same home? By: SadNCo

    You really need to contact a lawyer - not paralegal - to determine exactly what your rights are under Co common law, if any.

    As another poster said, YOU are the one who needs to prove something, whereas your husband only has to prove you are not on the title to evict you. Your burden is higher. An attorney can possibly empower you in this situation.

  • 09-14-2007 1:32 PM In reply to

    re: Can husband evict me and our daughter

    If by "second" you mean the mortgage, that has nothing to do with ownership. What matters is whose name is on the deed.
Page 1 of 1 (8 items) | RSS

My Community

Community Membership New Users: Search Community