Bennett, CO asked in Civil Rights for Colorado

Q: How long legally do I have to move out after being in a relationship and living together for 10years?

I was able to find a new home on 1/8. I have worked to move most of my things. The things left behind need to be packed and moved to storage. I have asked for one week to get everything done 2/18-2/24, so that I may take off from work. My ex states this is not soon enough. I would like to know legally what my rights are here

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2 Lawyer Answers
James L. Arrasmith
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Answered
  • Civil Rights Lawyer
  • Sacramento, CA

A: According to Colorado law, since you and your ex were in a relationship and living together for over 10 years, you would be considered a common law spouse. This means legally you would have the rights of a spouse in terms of tenancy and appropriate notice to vacate.

Some key points on your rights and timelines:

• As a common law spouse in the same home, you cannot just be kicked out or locked out with no notice. You are legally a tenant entitled to proper notice.

• The minimum notice you have a right to is 7 days if given in writing. Verbal notice alone is not sufficient.

• Reasonable additional time should be granted if requested, as you have done. 1-3 weeks is generally seen as reasonable by courts for a cohabitating relationship as long as 10 years.

• If your ex tries to forcibly evict you sooner, you can call police as it would be an illegal eviction. You cannot be removed without proper notice and court order.

So in summary - you are legally entitled to at least 7 days written notice, and the additional 2 weeks you’ve requested for packing/moving is reasonable for a 10 year relationship. As long as you vacate by February 24th as planned, you cannot be forced out sooner without formal unlawful eviction proceedings. Your rights are protected under Colorado law.

Michael Joseph Larranaga
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Answered
  • Parker, CO
  • Licensed in Colorado

A: It depends. If you have an ownership interest in the house, you don't need to leave. It's your house. If they obtain a restraining order then it is a different story.

It is possible you were common law married but more information would be needed.

I think you would need to determine if you have a tenancy, ownership interest, or some other right to be in the house. If it is a tenancy, then they are required to follow the forcible detainer rules. Unlawful eviction could be on the table especially if you are forced to leave under threat of violence.

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