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Can I evict my spouse during our divorce?

| Jul 2, 2021 | Family Law |

Once a spouse realizes their marriage is irreparably broken, they may want their spouse to leave. This may reduce the amount of conflict between the spouses or simply give them “more space.”

However, most family homes are marital property that the spouses share, so one spouse does not have the right to demand the other to leave. Even if one spouse owned the home before the marriage, it is common for homes and cars to become co-mingled assets because they jointly pay the mortgage or maintain them.

Marital property is equitably shared

Marital property or assets are accumulated or mingled during the marriage. There are exceptions, but generally, couples jointly own anything accrued during the marriage, even when the title is in one spouse’s name. Colorado is a marital property state, however, which means that couples divide all assets and debts equitably, which is not the same as 50-50. This may mean that one spouse has a larger equitable share of the home (or another asset) than the other spouse, making it more financially feasible for one spouse to hold onto the house than the other spouse after the divorce is final.

Conditions for forcing them to leave

Not all marriages end well, so there may be circumstances where the spouse could be legally forced to leave. Spouses can do this by asking the court for relief. Grounds for doing this include the potential for physical or mental abuse toward the spouse, children or other family members. There may be other grounds that don’t involve violence, but the spouse would also need to present their concerns to the court for the judge to issue an order.

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