Can my ex-husband legally kick me out and rent the house?

Basically our house was awarded to him and I was told to file a quitclaim deed transferring my interest under the pretense that he intended to sell it.The clause afterwards states: “Respondent shall remain in possession of the house for not less than 45 days from the date of this decree. Petitioner shall pay all utilities associated with the house until the house is sold. Any net proceeds of the sale of the house shall be divided equally between Petitioner and Respondent.” I was planning on using the proceeds of the house for moving costs but now he is saying he is renting it, can he?

Asked on June 27, 2012 under Family Law, Colorado

Answers:

Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

According to the clause you quoted, if you are the respondent, you are entitled to be in the house for 45 days without getting kicked out.  If he violated that part of the order, you need to go to court and he will be found in contempt.  Now, read the rest of the order and find where it directs him or you to sell the house.  Is he following that clause?  Is he making efforts to sell the home?  A spouse can rent the house while it is up for sale, but he must be making best efforts at selling the house if the order directs him to.  I would talk to a local attorney--comparing the order to what is going on.


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