Legal Question in Family Law in Colorado

Husband threatening to ''lock me out'' if I don't give him more money

Can I be ''evicted'' like a tenant because my husband wants more money from me? He threatens he will cut off my health insurance, which I pay for, if I don't give him more money for ''rent''. I pay him $500 for rent (in a mobile home)and pay him $502 per month to pay for my insurance on his plan, which covers all costs since it is free for him when I am not on the plan. He says he will change the locks and not let me in the house unless I come up with more money. He has done this periodically since our marriage three years ago. I am 62 and cannot qualify for other insurance and am able to work only part-time. I have contributed at least $1,000 per month to this ''partnership'' for the last six years and have records to prove it.


Asked on 10/02/03, 12:24 am

1 Answer from Attorneys

The Harris Law Firm, P.C The Harris Law Firm, P.C.

Re: Husband threatening to ''lock me out'' if I don't give him more money

Boy, you�ve got a tough situation here. First, though, there are very strict procedures that must be followed before a person can be legally evicted. Although I don�t know the specifics of your situation, in order for him to legally evict you, there would have to be a written contract indicating that you owe him a specific amount of rent, and haven�t paid it, etc. Also, if he wanted to legally evict you, he�d have to first take his case to a Judge to approve. His reason for wanting to evict you sounds like extortion, and it is highly unlikely any Judge would allow him to convict you based on these facts.

From a realistic standpoint though, unless you have a court order, there is little you can do to prevent him from changing the locks. However, if this happens again, I would urge you to contact the police � depending on the circumstances, his actions could be the basis for a possible criminal charge.

If you filed for divorce or a legal separation, you could request that the court enter an order prohibiting him from changing the locks. An additional protection in filing for divorce is that he would not be able to legally drop you from your health insurance. The downside with filing for divorce is that it would affect your health insurance long term (you would only be able to stay on his insurance policy for another 18 months following the divorce). A Legal Separation (exactly like a divorce, but you can�t remarry) may be an option in your case, and allow you to stay on your current health insurance, but I would urge you to consult with an attorney to consider your options before you decide to file for divorce.

Best of luck to you,

Christine C. Nierenz, Esq.

THE HARRIS LAW FIRM, P.C.

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Answered on 10/02/03, 6:11 pm


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