my daughter is getting a divorce – papers have not been filed yet

House is in her name alone – his name is not on the loan or the deed. If he wants to come back and start taking items from the house before the divorce is final – can a charge of trespassing be charged against him if she asks him to leave the property

Asked on June 12, 2009 under Family Law, Colorado


J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

This is a very tricky part of the law. The best advice I can give you is to file the papers ASAP. Because it was the marital home complications may arise although in her name alone. She also will probably be entitled to the property but wants to be careful and have all her paperwork organized as far as money to show hopefully that she paid for things etc. He will have to show a direct money trail to the items he is taking and if he cannot they are marital property. Regardless he cannot take things without being awarded possession in the divorce

Once she files she can make a motion for him to leave and the court most likely will grant it. At that point he cannot return or will be in violation and in contempt. At this point she can make a motion for trespass but he best bet is get the divorce rolling to ensure things are all done correctly and in the best way possible for her

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