Your Legal Questions Answered
My ex refused to participate in the divorce proceedings after the initial discovery stage, including not showing up for any of the court hearings. As a result, the judge awarded 100% equity in the house to me in a default hearing. My question is, how do I actually accomplish getting a Writ of Restitution so the Sheriff’s office can evict him? Everyone I ask at the courthouse tells me I need a lawyer to advise me but that is not economically feasible right now. My previous lawyers have charged me in excess of $50,000 to get this far, including placing a lien on the future sale of the house. What forms do I need to file and to which office to get a writ signed by the Clerk? Thank you for any information you can give me.
Under Colorado law, obtaining a Writ of Restitution to evict your ex from the home typically requires an official judgment for possession. Since the court has issued an Order for Permanent Relief setting a deadline for your ex to vacate the property, you likely have grounds to seek this judgment. While hiring an attorney might seem daunting financially, considering your past legal expenses, legal representation can streamline the process and might be more cost-effective compared to a contested divorce's costs.
You have a couple of options to pursue this judgment for possession. First, you can file a separate Forcible Entry and Detainer (FED) action in county court, which is often quicker and less expensive. This action directly leads to obtaining a judgment for possession, necessary for the Writ of Restitution.
Alternatively, you could request the divorce court to issue a judgment for possession due to the failure to vacate. However, this process can be more costly and time-consuming than the FED action in county court. The divorce court route involves presenting the issue as part of the ongoing divorce proceedings, which might lead to a more comprehensive legal process, potentially including hearings and additional filings.
Given the complexities and potential costs, it is advisable to consider legal representation, even on a limited basis, to navigate the eviction process efficiently. While the financial burden of legal fees is a significant concern, the right legal support can facilitate a faster resolution, possibly saving money and stress in the long run. I would recommend you reach out to a lawyer as soon as possible. If you would like to talk to our eviction partner Kayla Banzali about your options, please contact us at (303) 688-0944.
The foregoing information is general information only and should not be relied upon to take, or fail to take, legal action. No attorney-client relationship is formed by this information. __The only manner to obtain complete and adequate legal advice is to consult with an attorney.__
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