Aurora, CO asked in Family Law, Landlord - Tenant and Real Estate Law for Colorado

Q: How do I remove my childrens' father from our house? He says he won't leave until I give him $ back?

He paid 10k in updates and I am willing to pay him but I can't until my refinance is completed in about 30 days. How can I get him to leave before that? His name is not on the title but he pays me rent towards the mortgage

1 Lawyer Answer
Tristan Kenyon Schultz
Tristan Kenyon Schultz
Answered
  • Fort Collins, CO
  • Licensed in Colorado

A: If he is a renter you can move for eviction/termination (assuming there is an open lease term and/or it is a month-to-month lease). Be aware you must give notice of a termination of the lease (usually 30 days).

If this is part of a divorce, you can include your ex's leaving as part of the separation agreement. If his departure is conditioned in the separation agreement and he still will not leave you can seek direct court enforcement (note: the rental agreement may impact the court order as part of a divorce).

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