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Friend stay in my property more than 6 month trying to threatening on me taking my house away is Colorado’s law?
Jun 20, 2023
Real Estate
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Bill HenryFounding Partner | 18 years of experience
Profile Picture of Attorney Bill Henry
Profile Picture of Attorney Bill Henry
Bill HenryFounding Partner 18 years of experience

Merely residing on the property for six months is not sufficient to create ownership in the home. Of course, depending on the facts of your case, if you transferred an interest in the home to them or made a written arrangement, then it is possible that they has an interest in the home. Some examples would be a executing a deed, whether or not it was recorded, lease-to-own, or option to purchase. Finally in certain circumstances equitable rights can be created in property, which means that even though no formal agreement exists a party still has a beneficial ownership in the property.

Nevertheless, it sounds more likely from the facts you describe that your friend is a tenant on your property, regardless if there is a formal lease agreement in place. This might be the case even if they haven't been paying rent.

In Colorado, once your friend is a tenant you can't force them to leave by using self help methods. For example, you can't change the locks or throw all of their possession on the street. Instead, you would have to formally evict them, which usually involves giving them a notice to quit and then going to court if they refuse to leave.

Considering that they are claiming an interest in your home I would recommend speaking with an attorney to fully discuss your situation. As I eluded to, the status of a tenant, trespasser, or owner can be complex and is highly factual.

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The response provided is based on the available information and is not intended to constitute a comprehensive answer to the inquiry. The only manner to obtain complete and adequate legal advice is to consult with an attorney. Please be advised that no communication, including Q&A postings, through this website establishes an attorney-client privilege, and such exchanges do not create an attorney-client relationship and will not be treated as confidential. The information presented is general information only and should not be relied upon to take, or fail to take, legal action.
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