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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 11933
Experience:  Licensed Texas General Practice Attorney
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I want to evict my girlfriend from my home. We have lived

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I want to evict my girlfriend from my home. We have lived together for over a year and she does not contribute to any of the household bills or mortgage. She also owes me in excess of $1200.00 that I would like to re-coup
Submitted: 3 years ago.
Category: Legal
Expert:  ScottyMacEsq replied 3 years ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

Was there any agreement, however formal or informal, for her to pay even a penny to rent or bills? What does she owe you money for?

Customer :

I loaned her the money to pay her rent before she moved in. She mentioned that she'd help out with the cable bill etc., but since she's never worked I've never asked her for any money.

Customer :

What rights does she have to stay in the house? Do I need to be worried about a common law marraige? I have never represented her as my wife and nor tols anyone I was going to marry her

ScottyMacEsq :

Did you own the house before she moved in with you?

Customer :

Yes

ScottyMacEsq :

Then it's probably very difficult to establish that in the first place. The necessary elements of a common law marriage in CO are:



  • An intent of both parties freely given to become married;

  • A public declaration by the parties or a holding out to the public that they are husband and wife;

  • Continuous cohabitation together as husband and wife (this means consummation of the marriage);

  • Both parties must be capable of entering into the marriage relationship. No special time limit is necessary to establish a common law marriage. Colorado recognizes, for income and property tax purposes, registration as husband and wife on applications, leases, contract forms and hotel/motel registers;

ScottyMacEsq :

But even then, she wouldn't have a right to the house, as it would be your separate property.

ScottyMacEsq :

Now legally speaking, she is likely a "house guest" which means that you can kick her out at any time.

ScottyMacEsq :

That means you can change the locks, etc... and just flat-out deny her reentry. Now if you do this, you will need to allow her reasonable access to her property, so as to not engage in "conversion" (civil theft).

ScottyMacEsq :

But to be absolutely safe, I would suggest that you go through the eviction process.

ScottyMacEsq :

At least give her a 3-day notice to leave.

Customer :

So how exactly do I get her out? I've asked and she's not budging. Do i put it in writing? do i go through the courts?

ScottyMacEsq :

You can find such a form here: http://www.courts.state.co.us/Forms/PDF/jdf97.pdf

ScottyMacEsq :

You can (a) call the police and let them know that you have a houseguest that is no longer welcome and is refusing to leave.

ScottyMacEsq :

or you can (b) go through the eviction process.

Customer :

is there anything else I need to be concerned about in getting her out?

ScottyMacEsq :

Now the problem with (a) Is that she might still sue you for wrongful eviction (although again, she's likely not a tenant under CO law so this would probably not be sucessful).

ScottyMacEsq :

Frankly I would go through the eviction process, just to be safe, and that way you can make sure that she's out completely, with no recourse against you.

Customer :

so if she's lived their a year I need to give 3months notice

ScottyMacEsq :

If the landlord wants to evict a tenant at the end of the lease period, the landlord can do so without giving a reason, but the landlord must give the tenant proper notice to leave. Notice to vacate must be served upon the tenant in a specified number of days before the end of the rental period. The length of the lease period is determined within the lease. If the lease does not state the rental term or a written lease does not exist, the rental period is determined by the frequency of rental payments. For example, if the rent is due each month, it is a month-to-month tenancy or lease. Notice to vacate requirements for rental lease periods are as follows:



  • 1 year or longer - 3 months,

  • 6 months to 1 year - 1 month,

  • 1 month to 6 months - 10 days,

  • 1 week to 1 month - 3 days, and

  • less than 1 week - 1 day.

ScottyMacEsq :

Here's the main problem with your situation...

ScottyMacEsq :

She's not paying rent, and so you don't really have any frequency of rental payments. In that instance, a 3-day notice to quit could be just as good, and likely enough to kick her out.

Customer :

So I fill out this form and just give it to her?

ScottyMacEsq :

Yes. Let her know that you can do this the easy way or the hard way. Colorado law allows for the court to award fees and costs to you in an eviction action, and so you can tell her that this would not be the best for her, from a financial point of view, because of this.

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please select the "accept" button. If you have already clicked "accept", or if you will in the future, please let me know so I can track these for my own reports and customer satisfaction stats. Thank you, XXXXX XXXXX good luck to you!

Customer :

Thanks

ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 11933
Experience: Licensed Texas General Practice Attorney
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