Awarded family home in divorce

UPDATED: Sep 30, 2022

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Awarded family home in divorce

Six months prior and up to permanent order hearing fo my divorce, my ex husband was occupying our marital home. At the permanent orders hearing I was awarded the maritable home. Ex-husband had been living in the home supposedly with other individuals up until right after the permanent orders hearing. My divorce was final this month. Due to a protection order I have against my ex-husband I have not been anywhere near the maritable home until 2 days ago. I just got my permanent orders in hand yesterday. Going by the home I wanted to see what the house look like and when I got there, lights were on in the home and the outside has been trashed and an individual looked out the window at me. I knocked on the door the individual turned out the lights and refused to open the door. I have contacted law enforcement because I did not know anybody was in the home they tell me now I have to go through an eviction process in order to get these people out of my home that I did not know we’re still in my home. I don’t know what to do.

Asked on March 30, 2017 under Real Estate Law, Colorado


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Assuming that these people have no lwritten ease (if they do you will need to honor its terms), I'm afraid that you will need to first give these people legal notice to vacate the premises. If they do not remove themselves within the time specidied in the notice then you will need to file for an eviction if they were paying tenants (or an action in ejectment if they were not tenants but rather "guests" that your ex-husband allowed to live there for free). At ths point, to be certain that you follow all lawful procedures, you should consult with an attorney who handles landlord-tenant matters as they can best advise you further as to all of this. In the meantime, do not attempt any self-help measures such as changing the locks, etc. as you could find youself being sued.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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