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  #1  
Old 08-22-2004, 02:57 PM
TakingCare
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Getting girlfriend to leave house, claim on house?


What is the name of your state?What is the name of your state? Colorado

Hi. There are two questions here.

I own a home (only my name on both deed and loan), and my girlfriend has been living with me for a year. I want to split up, but she is staying. I will help support her after she leaves for 2 years, since she currently has no job and has been depending on me.

Question 1: I've read posts about changing locks and/or mailing a notice that she has 30 days to leave, etc. But, the latter seems to apply to rental arrangements, which do not exist in this case. What's best for my situation?

Question 2: She has given me her life savings to manage for her (she's bad at money), which I will give back whenever she wants. There are no documents describing this. Can she make any claim on my house since she gave me money?

Thanks
  #2  
Old 08-22-2004, 03:06 PM
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Join Date: Jan 2000
Location: Los Angeles, California
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[quote=TakingCare]What is the name of your state?What is the name of your state? Colorado

Hi. There are two questions here.

I own a home (only my name on both deed and loan), and my girlfriend has been living with me for a year. I want to split up, but she is staying. I will help support her after she leaves for 2 years, since she currently has no job and has been depending on me.

Question 1: I've read posts about changing locks and/or mailing a notice that she has 30 days to leave, etc. But, the latter seems to apply to rental arrangements, which do not exist in this case. What's best for my situation?

MY RESPONSE: Whether she's paying rent or not is irrelevant. You must still follow the Landlord/Tenant laws of Colorado to get her out. Buy a good book on the subject at Barnes & Noble bookstore. Publisher "Nolo Press" publishes very good and easy to use books on this, and many other, legal subjects.



Question 2: She has given me her life savings to manage for her (she's bad at money), which I will give back whenever she wants. There are no documents describing this. Can she make any claim on my house since she gave me money?

MY RESPONSE: Under your skimpy facts, one thing has nothing to do with the other. Give her the money, and get a receipt. However, in Colorado, if you "breath sideways" in a relationship such as yours, you may be "married" under Colorado's "common law marriage" laws - - and not even realize it. There's another good book for you to buy while you're at the bookstore.

IAAL
  #3  
Old 08-22-2004, 07:48 PM
TakingCare
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Thanks!

Yes, I can track down the details, so will do that. I want to be sure about the big picture so I track in the right direction.

Is it the case that either we have a landlord/tenant relationship OR we have a common law marriage, but not both, and not neither? Then, do I have to establish which it is in order to know what direction to go in? Is it conceivable I need a legal divorce?

Thanks again.
  #4  
Old 08-22-2004, 07:58 PM
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Quote:
Originally Posted by TakingCare
Thanks!

Yes, I can track down the details, so will do that. I want to be sure about the big picture so I track in the right direction.

Is it the case that either we have a landlord/tenant relationship OR we have a common law marriage, but not both, and not neither? Then, do I have to establish which it is in order to know what direction to go in? Is it conceivable I need a legal divorce?

Thanks again.

My response:

You had better look up Common Law marriage for Colorado, and hope to God one hasn't been established - - but, I'm thinking it has. If not, you have a straight Landlord / Tenant relationship.

IAAL
  #5  
Old 08-23-2004, 03:52 PM
TakingCare
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IAAL: You had better look up Common Law marriage for Colorado, and hope to God one hasn't been established - - but, I'm thinking it has. If not, you have a straight Landlord / Tenant relationship.

Well, we presented ourselves as boyfriend/girlfriend, not ever as husband/wife, no name changes took place, and we never made an agreement that we were married or intended to be married. My understanding is that these are needed in addition to cohabitation, and thus we do not have a common law marriage.

So, then it's still landlord/tenant, even though it's a common law state.

Yes?

Thanks
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