Asked on May 03rd, 2021 on Property Law - Colorado
More details to this question:
I have a home that is in my name only. I want to divorce my husband. I have not started the proceeding but would like to ASAP. He is still in the house. What are my options? Can I put the house on the market without his consent? can I turn off the utilities that are in my name? Is there a way I can get him out of the home so it can be shown? Can I sell it through Zillow then give him a timeline to move?
I think you are putting the cart before the horse. Although the home is in your name it is most likely "marital property" to some degree, and your spouse most likely has a claim to a partial interest. The advisable thing to do is to go ahead and file for the divorce and ask the court for temporary orders regarding whether the house can go on the market, pending the court's full property division.
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