Denver, CO asked in Divorce and Family Law for Colorado

Q: Can my ex husband sue me for taking everything when I moved out if nothing was contested in court?

I have a restraining order against him. He came with the police to get his stuff before we were officially divorced. Once I was ordered to move out, the judge asked if anything was being contested, we both said no. I packed everything and moved. Now he's saying I stole his stuff and is threatening to sue me.

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1 Lawyer Answer
Christopher N. Little
Christopher N. Little
  • Centennial, CO
  • Licensed in Colorado

A: Hi there,

You ask a great question. Let me first say that I am glad you are reaching out for professional assistance. Times like this are often some of the most uncertain and fraught with perceptibly difficult-to-navigate circumstances. I commend you for searching for resources and input.

To directly answer your question regarding whether your ex-husband can start legal action against you. Yes, generally speaking, there is nothing stopping a person from initiating a case and seeking Court intervention. The question of whether there is a sufficient basis for a given action in front of the Court is an entirely different question.

My sense says that you are likely uncertain as to whether you should keep the property that he is alleging is his. To answer that question, I highly suggest that you seek out a consultation with a qualified attorney licensed to practice law in the State of Colorado (assuming that is where the case is). That way, you can get more informed advice and better direction as to your advisable next steps.

All in all, I am very sorry to hear that you are going through it and want you to know that, eventually, this too shall pass. I sincerely wish you only the absolute best.

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