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Roger, Lawyer
Category: Real Estate Law
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Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I am currently going through a divorce in the state of Colorado,

Resolved Question:

I am currently going through a divorce in the state of Colorado, where I have purchased a home (while married), however my wife's name is XXXXX XXXXX the title or loan. Her mother lives with us (since September 2009: 5 months) and I would like to evict her. Can I do so?
Submitted: 7 years ago.
Category: Real Estate Law
Expert:  Roger replied 7 years ago.

If it is the marital home, no. Even though your wife's name is XXXXX XXXXX the deed, she has acquired an equitable interest in the home by virtue of the marriage. Therefore, the only way you could kick the mother in law out is if your wife wanted to as well.


You can ask the court to award you the house, and if it does, both of them will have to leave by court order.

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