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If you spouse refuses to leave the family home, they cannot be forced to leave the family home unless there is a risk of domestic violence occurring to you or your children if they were to continue living in the family home.
The eviction process must begin with you serving your child (the tenant) advance written notice asking them to leave. This is called a Notice to Quit. You should give them at least 21 days to move out, or no sooner than the end of the next business month, in most situations.
No, if the house was acquired during the marriage, your spouse cannot force you to move on their own . Only the court can decide on the matters of spousal eviction in Colorado. Unless there's a temporary order in place, you have full rights to stay in the marital home until the divorce is finalized.
You cannot force your partner to move out unless there is a court order granting you exclusive use of the home. This typically occurs during a temporary orders hearing in a divorce process. If you and your partner cannot agree on living arrangements, the judge will make the decision for you.
You want to be calm and discuss your decision in a way that results in the least amount of emotional damage to you, your spouse, and your children. You should state your desires firmly and be direct, but also show respect and kindness towards your spouse in your discussions.
If your spouse does not agree to leave the house, the only other ways to remove them from the house is through legal action, either by calling the police, applying for a protective order, or divorce. You cannot otherwise evict your spouse from their homestead.
If your spouse has abandoned you, you have the right to seek a legal separation order known as a divorce from bed and board. Despite the name, this order does not end your marriage. It could entitle you to certain benefits of a divorce, such as alimony, child custody, and child support.
How to Get the Courage to Leave a Bad Marriage Keep a journal. Reflect on all the ways you've tried to fix your marriage. Regain your independence. Stop excusing bad behavior. Accept your spouse for who they are right now. Look forward to the future. Practice self care. Lean on your support system.