What are the guidelines, if any, for the removal of a soon-to-be ex-spouse’s belongings from residence?

Both names are on residence. I am the only one making payments on current residence. Divorce papers were filed. Soon to be ex-spouse moved out of residence last month taking only about 60% of personal items. I since have moved remaining personal items from main living space to basement. I don’t want it down there forever; as they are using it for an excuse to keep coming over. What legally are my options if any as my divorce is not yet finalized.

Asked on March 10, 2012 under Family Law, Colorado

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Typically when there has been a marital dissolution agreement and order with respect to the assets of the marriage, the dissolution agreement sets forth the terms and conditions when each party are to get their belongings and each go their own separate ways. I suggest that you carefully read your dissolution agreement in that it should state when your soon to be former spouse's belongings are to be removed from the premises you occupy.

If the agreement does not, I suggest that you have your family law attorney contact the attorney representing your soon to be former spouse and set up a time for the belongings to be removed so you can move forward with your life.


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