significant other lockes me out of home

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significant other lockes me out of home

I’m in a common law marriage, Colorado. Not getting along, He keeps locking me out of home. What are my rights? I also plan on leaving him but recently had surgery do to a on the job injury. I’m now recovering and waiting for workmens comp. settlement.

Asked on July 20, 2016 under Family Law, Colorado

Answers:

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

Answered 4 years ago | Contributor

If you are considered to be married under the laws of your state, then your spouse cannot lock you out of the house. The fact is that until there is a formal separation agareemnt or divorce decree that settles the issue of possession, the house is still considered to be the "joint marital residence". This is true no matter whose name the deed/lease is in. Therefore, you both have equal rights to live there.


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