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jbwarren1969
jbwarren1969, Lawyer
Category: Family Law
Satisfied Customers: 1341
Experience:  Experience in general family law matters.
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I have a condo in CT in my name alone. My ex-husband and I

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I have a condo in CT in my name alone. My ex-husband and I divorced in 12/2010. Per the divorce decree, he was to vacate the premises on 5/30/11. He is still there, so he is squatting without my consent. I haven't lived there since 1/2010. I have lived in AZ for almost 2 years. I'm trying to do a deed-in-lieu of foreclosure, and the last step of that process is to allow access for an appraiser to do a valuation of the inside. There is a restraining order in my favor, so I can't contact my ex if I had to. What do I have to do to get him out of my property? He obviously has utilities in his name...can I contact the utility companies and have them shut everything off? This situation has been a nightmare for over 2 years for me. Please help me.
Submitted: 1 year ago.
Category: Family Law
Expert:  jbwarren1969 replied 1 year ago.

Hello and Welcome! Thank you for allowing me to be of service to you. Please note: (1) this is general information only, not legal advice; and (2) provide you with honest information and not necessarily to tell you might be hoping to hear.

I am truly sorry you are facing this situation. I wish I had a quick simple solution to you problem. I am assuming he quit claimed his interest in the property or does not hold any interest in the property.

First, if the utility company agreed to shut services off (which they may not agree to do) at your request, you are taken the risk that your ex-husband brings an action against you asserting you are a landlord and cut off services which will put you in a position to have to defend yourself. Whether or not this is a valid claim, it could be asserted and would be very time consuming and costly. Also, you run the risk he completely trashes the place in retaliation.

An option is to bring a contempt of court suit against him to have the judge hold him in contempt of court for failing to abide by the divorce decree. If the judge finds him in contempt, he could order him to serve jail time and pay penalty fees.

You can try and notify the police and see if they will remove him as a trespasser. Unfortunately, the police are typically reluctant to get involved in disputes like this and may refuse to go and remove him from the premises. However, some local jurisdictions will do this if you can proof you have title only in your name.

The other option which is likely the quickest is to treat him like a tenant and serve him with a 3 day notice to quit in which he must vacate the premises. If he does not, then you file an eviction suit and have him removed.

I realize this is a lot of work on your behalf and I am sorry for this. I would suggest you have a Connecticut landlord friendly lawyer assist you with the eviction. Some Connecticut County State Bar Associations have a lawyer referral service to assist you with being put in contact with local legal counsel. Also websites such as www.AVVO.com and www.Martindale.com are helpful resources to locating a lawyer.

Here is a good summary of the eviction process published by the Connecticut judiciary: www.jud.ct.gov/publications/hm014.pdf

I apologize that this was probably not the answer you were hoping to receive. However, it would be unfair to you and unprofessional of me were I to provide you with anything less than truthful and honest information.

All my best & encouragement.

Please note that you are asked to rate my courtesy and professionalism, and not whether the answer supports your legal position. I only receive credit when rated 3 or higher. If for any reason you feel that a low rating is appropriate, please first give me the opportunity to address your concerns by clicking the "reply" tab.

All states have intricacies in their laws and any information given is simply information only and specifically is not intended to be, nor does it constitute, legal advice. This communication does not establish an attorney-client relationship with you.

 

jbwarren1969, Lawyer
Category: Family Law
Satisfied Customers: 1341
Experience: Experience in general family law matters.
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Experience in general family law matters.