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Joseph
Joseph, Lawyer
Category: Legal
Satisfied Customers: 4999
Experience:  Attorney with significant and substantial experience in multiple areas of law.
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Cannot get roommate and girlfriend to stop getting into fights

Customer Question

Cannot get roommate and girlfriend to stop getting into fights when I'm the only one at work! Do I throw them both out? How do I get a 13 year relationship girlfried out? And a "temporary" roomate also? Neither work or do anything but drink! I work and come home to Police saying I'm getting a Nuisance Abatenmant and I'm homeless as well. I'm not home but I'm facing losing my apartment...
Submitted: 12 months ago.
Category: Legal
Expert:  Joseph replied 12 months ago.
Hello and welcome to JustAnswer

I'm sorry to hear about your situation and hope I can help.

My goal is to provide you with excellent service today.

I need a bit more information from you before I can proceed to provide you with a complete and thorough answer to your question.

Are you the only one on the apartment lease, or is your girlfriend also on the lease?

I assume you want to break up with your girlfriend if you want to have her evicted, or do you only want to evict the 'roommate'?

Also, can you tell me how long the roommate has been staying there and whether she receives her mail there?
Customer: replied 12 months ago.

She has been with me through 13 years and evicted because of her arrests for drunk behavior (disturbing the peace, criminal misconuct, trespassing,etc


 


 


 


 


 


 


 


 


 


 


 


0. Just got out of court for her breaking tiling cardnoard trying to escape the Denver Detox.

Customer: replied 12 months ago.


They fight whem i"m at work.. I pay the rent, they do not work. No lease paperwork and I'm holdoing the Bond on Gerald Feusi in Denver for a fight in the street the defender says will be droped. Only Robin K. Clark is on mail here, Jerry was to pay me for truck transmission repairs but won't work with injuries. They get violent when I'm at work! Facing Nuisance Abatement for them arguing when I'm working... The police say I should get them both out. How?

Customer: replied 12 months ago.


No lease was written. Laindlord knows I pay all bills. Girlfriend of 13 years may be called Common Law... Roommate Gerald Feusi is pending court and my bond money.

Customer: replied 12 months ago.

No lease was writtem that I kmow of... He knows
I work and am the one who pays.. What is the Denver process to get BOTH out?

Customer: replied 12 months ago.

i pay No written lease, I pay cash and no one else. She says it's her's becacse she found it, but It's my cash for the rent. Gas/Electric/Phone/Internet are all in my name! Can she claim the place?


 


 


 


 


 


 


 


 


 


 


 


 


i

Expert:  Joseph replied 12 months ago.
Your girlfriend of 13 years would definitely need to be formally evicted from the apartment.

If the temporary roommate has yet to establish residency, then you can simply tell her she's no longer welcome and have the police arrest her for trespassing if she refuses to leave.

The eviction process starts with serving both of them with a Notice to Quit, which is available online at the link that I posted.

If they don't move out at the time stated in the notice, then you can file an unlawful detainer action to have them forcefully evicted from the apartment.

I hope the above information is helpful.

Please let me know if you have any follow up or clarifying questions as I want to ensure that you are completely satisfied with my service.

If not, please remember to rate my answer positively so I get paid for my work.

Thanks and best of luck!




The necessary forms and additional helpful information are available here:

http://www.courts.state.co.us/Forms/Forms_List.cfm?Form_Type_ID=28
Customer: replied 12 months ago.


If I evict the temporary roommate, what bail bond assurance could there be? It was $550.00 to the bond agent and I was told $50.00 was fee. Can I get the bond cancelled and get my money back?

Expert:  Joseph replied 12 months ago.

Honestly, bail bonds are not an area of my expertise, and I think it would depend on your arragnement with the bail bondsman.

However, I think you can have her bond revoked and you would have the amount returned to you less the fee.

You should talk to the bail bondsman, however, to make sure of this.

Customer: replied 12 months ago.

If I evict my girlfriend of 13 years, does she have rights to my savings account money? Never did any paperwork for union together, but she claims "common law marriage" gives her half of what I have. Do you know if Colorado law allows this?

Expert:  Joseph replied 12 months ago.
You really should ask these as separate questions. I am limited to answering clarifying questions regarding your initial question, not entirely new questions due to site rules. That said, I'll give you a brief response, but that's all I can do.

Colorado does allow for this, but all these elements need to have been met:


A common-law marriage in Colorado is valid for all purposes, the same as a ceremonial marriage. Only death or divorce can terminate it. The common-law elements of a valid marriage are that the couples (1) are free to contract a valid ceremonial marriage, i.e., they are not already married to someone else; (2) hold themselves out as husband and wife; (3) consent to the marriage; (4) live together; and (5) have the reputation in the community as being married. The single most important element under the common law was the mutual consent of a couple presently to be husband and wife. All the rest were considered evidence of this consent or exchange of promises. No time requirement exists other than the time necessary to establish these circumstances. When proof of common law marriage is required, such as by an insurance company, a signed affidavit can be presented. For a sample affidavit, click here.

Common-law marriage is a term used to describe a marriage that has not complied with the statutory requirements most states have enacted as necessary for a ceremonial marriage. The name came from the fact that these marriages were recognized as valid under the common law of England. In 1877, the United States Supreme Court stated, in an action that questioned the validity of a nonceremonial marriage, that marriages that were valid under common law were still valid unless the state passed a statute specifically forbidding them. Meisher v. Moore, 96 U.S. 76 (1877). Since the Colorado legislature has never enacted such a statute, Colorado is part of the minority of states that recognize the validity of common-law marriages.

http://www.coloradoattorneygeneral.gov/initiatives/consumer_resource_guide/common_legal_questions#common_law


So, no...not unless you held yourself out to be husband and wife, etc. Doesn't seem like it since there was no paperwork or anything. And, it certainly doesn't seem that you ever consented to being 'husband and wife.'
Joseph, Lawyer
Category: Legal
Satisfied Customers: 4999
Experience: Attorney with significant and substantial experience in multiple areas of law.
Joseph and 10 other Legal Specialists are ready to help you
Expert:  Joseph replied 12 months ago.

Hello,

Thank you for your positive rating of my service. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should you have future legal questions.

Please request me directly by placing “to Joseph” at the beginning of your question or you can ask a question directly to me through my URL here:

http://www.justanswer.com/law/expert-joepatterson/

When you receive your Customer Satisfaction Survey from JustAnswer, please do rate me highly (9-10) there as well. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and best of luck,

Joseph

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