Breckenridge, CO Divorce Law Firms & Lawyers

You need to file for divorce and work out the details for a final settlement, including who will get the house. You don't provide enough information to be sure, but it would appear that for now she has as much legal right to live in the house as you do and only a judge, in a divorce case, can break the tie.

If you have a common law marriage you must get a divorce through the legal process and, as part of that process you can get a permanent determination of who is entitled to exclusive control of the residence. Common law marriage in Colorado is a highly disputable possibility, but regardless of whether or not one exists you can pursue a Civil Protection Order based on the fear of harm from his tendency toward violence. You need to consult a lawyer to learn more about the law and you potential options.

While infidelity is grounds for divorce, it does not generally affect property distribution, and you would not be barred from obtaining a portion of assets that were accumulated during the marriage. If your husband alleges infidelity as a ground for divorce, it simply gives him a means of divorcing you if you decide to fight getting a divorce; otherwise it is possible for you to reach an agreement to state that the reason for the divorce was "irreconcilable differences," also known as consent divorce. You should be aware that your spouse may try to allege something called "dissipation," however. If you were having an affair and spent money on the affair - for hotel rooms, or gifts for a boyfriend, or other expenses related to conducting an affair - then your husband can ask that those amounts be taken out of your share of the settlement/property distribution and given back to him.