Under Colorado law, the key issue is whether your fiancé is on the title to the home, not whether his name is on the bills. If your fiancé is not on the title, but he has been living in the home, he may have tenant rights even if there is no formal lease. In Colorado, a person who has lived in a home with permission, even informally, may be considered a tenant-at-will, requiring formal eviction proceedings to remove them.

To file an eviction, yo can use the court approved eviction forms. Colorado has enacted numerous tenant protections in the past several years and it is now common for new and experienced landlords to have their evictions dismissed. Review our eviction practice group and content, and if you would like help please contact us.

If your fiancé is on the title, you cannot evict him because he has ownership rights. In this case, you would need to file a partition action under C.R.S. § 38-28-101 to force a division of the property. Partition actions are filed in district court. There are no promulgated forms specific to partition actions. Read our article Colorado Property Rights: Solving Ownership Disputes, Title Issues and Partition Actions.

If you would like to discuss your case, please contact us to speak with an attorney. Our team can help guide you to the right solution for your legal problem.