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

Answers:

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


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 AttorneyPages.com 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.