View Full Version : Flip side of marriage?
Limited GM
01-01-2017, 21:36
So I've a friend who was bragging about moving his gf into his place. Cited the not marrying her reason as in case he wanted to get rid of her, he could easily. I didn't argue, as I've never researched it for this state, but know some states that's easier said than done. Some, once you invite them in, they have to leave on their own.
What says you? Any good stories?
funkymonkey1111
01-01-2017, 21:42
Which states are those?
KevDen2005
01-01-2017, 21:51
So I've a friend who was bragging about moving his gf into his place. Cited the not marrying her reason as in case he wanted to get rid of her, he could easily. I didn't argue, as I've never researched it for this state, but know some states that's easier said than done. Some, once you invite them in, they have to leave on their own.
What says you? Any good stories?
She could always file civil suit against him. Civil court may see them as married if they live together and act as a married couple. Get a prenuptial agreement. That's the real way to go.
kidicarus13
01-01-2017, 21:55
http://family.findlaw.com/living-together/cohabitation-property-rights-for-unmarried-couples.html
Limited GM
01-01-2017, 22:02
Which states are those?
IIR correctly, Georgia for one.
funkymonkey1111
01-01-2017, 22:05
She could always file civil suit against him. Civil court may see them as married if they live together and act as a married couple. Get a prenuptial agreement. That's the real way to go.
You can't accidentally get married. For a common law marriage, you have to declare yourself married and hold yourself out as such. Since this guy clearly doesn't want that, seems a safe bet it isnt going to happen
Madeinhb
01-01-2017, 22:13
However, if she moves in, it can get complicated. Because that is her legal residence, she will have laws to protect her. As well as a lawsuit because she will claim she put money and all that into it with the intent they will be together.
If he isn't married, I'd suggest keeping his place to himself and she lives and pays her own bills on her own.
Sounds like your friend is a real winner. If he thinks that he can move his GF in, get the benefits of marriage and then toss her to the curb when he’s ready to either trade her in for a newer model or when he’s tired of her, he’s either a) got no real life experience with women, or b) has experience with a specific type of woman.
Maybe your friend should simply cowboy up and TALK to the woman in question, and let her know what he wants and what he does not want in their 'relationship'. She may find it convenient, or a waste of her time. As he's already thinking about how to discard her, and he's bragging about it...I have to secretly hope that she will not accept things meekly.
What the Mod-Doctor said.
Great-Kazoo
01-01-2017, 23:02
You can't accidentally get married. For a common law marriage, you have to declare yourself married and hold yourself out as such. Since this guy clearly doesn't want that, seems a safe bet it isnt going to happen
Having a shared bank account qualifies you also. Names on vehicles etc
While having an exit strategy for every situation is a great way to navigate life...who brags about not getting married?
Good luck to him.
My only story was when coming back into the country from an international cruise with my wife before we were married, but our daughter was maybe 4 at the time. The customs guy was asking about our relationship. I don't remember if I called her my girlfriend, or fiance, or something, but he said something like, "You're not married? So she's just a person that you know?"
I replied, loudly, along the lines of "No, you dumb asshole."
Sounds like your friend is a real winner. If he thinks that he can move his GF in, get the benefits of marriage and then toss her to the curb when he’s ready to either trade her in for a newer model or when he’s tired of her, he’s either a) got no real life experience with women, or b) has experience with a specific type of woman.
Maybe your friend should simply cowboy up and TALK to the woman in question, and let her know what he wants and what he does not want in their 'relationship'. She may find it convenient, or a waste of her time. As he's already thinking about how to discard her, and he's bragging about it...I have to secretly hope that she will not accept things meekly.
Indeed.
I'd be hesitant to even keep such a person as a friend, to be honest. An acquaintance I never count on, perhaps. Sounds like the type of person who is OK with using and discarding people at will, and that's not good for friendship. That's not good for much of anything.
GilpinGuy
01-01-2017, 23:52
So I've a friend who was bragging about moving his gf into his place. Cited the not marrying her reason as in case he wanted to get rid of her, he could easily. I didn't argue, as I've never researched it for this state, but know some states that's easier said than done. Some, once you invite them in, they have to leave on their own.
What says you? Any good stories?
My wife was "common law" with her ex (here in CO) and had to go through a full blown divorce. They were together for quite a while. Her ex never wanted to get married, but they lived together for years. Tell your friend to be very careful. I don't think the "once you invite them in, they have to leave on their own" part is correct at all.
As for living with someone before getting married - good call IMHO. I lived with Jenny for 5 years before we put on the smallest handcuffs in the world. [LOL]I'm kidding. We're totally happily married.
Living with someone and dating someone are VERY different things. Your post made it sound like your friend was an asshole, but maybe it was just "guy talk" and came off that way?
KevDen2005
01-02-2017, 00:18
Having a shared bank account qualifies you also. Names on vehicles etc Thank you for making my point. Apparently I indicated someone could accidentally get married. I didn't realize that either.
Lots of qualifiers which could cost a lot in the end if one party pursued the issue in the event of separation.
id recommend a pre-nup before living together, before joint accounts, before coming-signing loans, before buying property together etc.
Great-Kazoo
01-02-2017, 01:48
Thank you for making my point. Apparently I indicated someone could accidentally get married. I didn't realize that either.
Gilpin guy said what happens. My niece was common law here in Colorado.
What started out as agreed upon division of property, personal belongings and bank accounts got ugly real fast. Over of all things a double wide on a real nice secluded piece of land.
I could understand living together before making the commitment, it's what we did. 44 years ago.
Guys (and gals) like him are the ones we know who will bitch till the end of time, over the raw deal they got after breaking up. Even though it was them who wanted "the easy way out" if the relationship went south.
Let him find out for himself.
GilpinGuy
01-02-2017, 01:49
Just a thought. Have your friend get the girlfriend to sign a lease or rental agreement. That'll go well.
“Let him find out for himself.”
Indeed. If she discovers that he used her and then threw her out when he was done, with the smug sense that he is ‘safe’ because the law says so…well, the legal ramifications are going to be the least of his worries.
If she isn't employed, she will have nothing but rage and time to hone her vendetta. Women live by their own set of rules. The worst thing is that they, as the wronged party, will decide when he's paid enough. Not him.
If she is employed, she will be an angry woman with revenge on her mind…and resources.
JohnnyEgo
01-02-2017, 02:27
While having an exit strategy for every situation is a great way to navigate life...who brags about not getting married?
Good luck to him.
My only story was when coming back into the country from an international cruise with my wife before we were married, but our daughter was maybe 4 at the time. The customs guy was asking about our relationship. I don't remember if I called her my girlfriend, or fiance, or something, but he said something like, "You're not married? So she's just a person that you know?"
I replied, loudly, along the lines of "No, you dumb asshole."
I was a serial cohabitator also, but in fairness, I ended up marrying both of them eventually (in series, not parallel). Two vaguely similar stories:
- Once, long ago, I took a week off of work to attend to my girlfriend who needed to have a minor surgical procedure. I was working as a minion in a large mega corp, and I told the lady boss I was on loan to that I wouldn't be in the office during that time. She asked me what was going on, and I told her. She then said to me: "You know you can't get that FMLA protected, right? That's the price you pay for living in sin." I told her to fuck off, she told me she was going to write me up for insubordination, I told her she could try it, but I didn't think it was going to turn out how she thought it would. It didn't.
- First management gig. Meet my first set of minions. One of them looks at the picture of my son on my desk and says "Cute kid. He adopted?"
"Nope, made him myself."
GilpinGuy
01-02-2017, 03:08
It will be interesting what the OP says about his buddy. I still think the "get rid of her" comment may just have been guy talk over a couple of beers and not like the guy is a pimp or something. If you want to use women for sex and toss them away, you usually don't invite them to live with you. But people do weird shit all the time, so who knows.
If she is employed, she will be an angry woman with revenge on her mind…and resources.
The biggest resource being the law, which is skewed against the man, period. Right or wrong, the guy gets the shaft most times, especially if kids are involved.
My wife had kids with her ex. They both agreed to get divorced, she would have the kids full time, and she didn't want a penny for child support. Just leave us and the kids alone and go away. He agreed to all of this (douchebag wanted nothing to do with his kids [facepalm]).
At court, the Judge says at the end, "OK Dude, you will owe Chick XXXXX each month for child support....". Wife's ex freaked the hell out, literally, to the point that the Judge told him that one more word would get him a night in jail.
CO law has a spreadsheet that the guy and gal getting a divorce have to fill out. Income, expenses, nights of visitation, who pays for health insurance, etc. At the end of the spreadsheet, it spits out who owes who what each month. No negotiation, even if you both agree to something else. You can choose to not accept the child support, but according to the law it is still owed.
So, in my wife's case, it would have ended totally peacefully without the State's dumb ass interference, but it caused a year and a half of grief and lawyer fees instead. Douchebag owes tens of thousands in child support. We don't want it or expect it.
Thanks government! He's a douche, but he got fucked.
Sounds a lot like a lady boss I once worked for. Mine got smarter because after the insubordination thing didn't work, she said I brought a gun to work and threatened to blow up the building. Even though she had a reputation for being crazy and manipulative, the company couldn't let something like that go unanswered. They laid her off not too long after they forced me out.
GilpinGuy
01-02-2017, 03:16
Win!
KevDen2005
01-02-2017, 09:00
Just a thought. Have your friend get the girlfriend to sign a lease or rental agreement. That'll go well.
It would be a good early test. It's more like the scientific method. You already have a prediction on how will end, but the test will help solidify that.
"Hell hath no fury like a woman scorned"
BushMasterBoy
01-02-2017, 11:13
I have heard of marriage referred to as "legalized prostitution". I never married. No woman is that crazy.
Not all marriages are like that, BushMasterBoy. :) If they have a solid foundation in friendship, respect, and open communication, it can be a wonderful thing.
spqrzilla
01-02-2017, 11:47
As mentioned above, common law marriage in Colorado does not work as most assume. There is no time period. Holding yourself out as married is what makes you actually "married". And exactly how a court might interpret various things like, e.g., telling your employer you are married for health insurance, is done on a case by case basis. Meaning there are no bright lines. I won't say that a joint checking account by itself will make you married, but it might be a part of the evidence introduced if the question is litigated.
This is not a good thing in general. I won't go into the historical reason for this very old Colorado court decision but the problem is that its not predictable. Often people who ask me for advice on the topic of "breaking up" with someone with whom they never formally married get the advice to get a real divorce because of the vagueness of the common law marriage in Colorado.
Amusingly, when I first moved to Colorado, across the street was a couple. The man introduced himself to me, and his girlfriend, saying in literally his second sentence: "We are not married". Obviously, someone had explained to him common law marriage in Colorado [LOL]
I have heard of marriage referred to as "legalized prostitution". I never married. No woman is that crazy.
When's the last time you took off work early to go take your hooker's kid (and yours) to the doctor in Denver, and then went back to work until close (6 hours after you generally get off work) while sick too? When did you last spend your entire Saturday, while sick as well, taking them to various places which will see a pregnant woman for a common cold: only to end up in Labor and Delivery at the hospital because she is over 20 weeks pregnant and they have to monitor the baby to end up giving her a z-pack for a common cold (which is made worse by the lowered immunity due to pregnancy)?
When's the last time your hooker cooked dinner she couldn't eat due to morning sickness, so you have dinner and left-overs for lunch?
Marriage, true marriage (not the appearance of marriage), is by no means legalized prostitution. Where marriages fail is when selfishness takes root over selflessness. Marriage is a partnership.
If we think of marriage in a military context, it's both parties striving to be the one up first, down last, eating last so that juniors can eat first, leading from the front and carrying the heaviest load while setting the pace. It's ID'ing the machine gun nest and charging forward. It's jumping on the suicide bomber. It's a call and a duty, not a physical Call of Duty. There are no accolades and there are no medals. There's simply getting to the ETS point of one's life and knowing you did your best. There's simply showing your wife what to look for in a replacement team leader if, God forbid, you die in the process.
It's no wonder the divorce rate is so high and false marriages fail (or even true marriages which become broken due to selfishness): Everyone wants to HALO and be Billy Badass in the sack, but not many want to carry the ruck when it's mile 9 of only God knows how many on another sandy trail that may or may not have a live fire range at the end, and it's supposed to be your day off. Sometimes it just sucks. But it's the suffering which binds a unit, not the frat-like parties in town.
BushMasterBoy
01-02-2017, 13:08
OP my advice to your friend is hire a "professional".
Beautifully said, CavSct1983!
Limited GM
01-02-2017, 21:54
.....s. Your post made it sound like your friend was an asshole, but maybe it was just "guy talk" and came off that way?
Couple things to self note for further posting...
when you type with two thumbs on an iPad and you try to cut down your number of words by abbreviated statements, the post outcome is decided by the first couple following posters. If the first couple reply with positive comments, than everyone jumps on that wagon. Negatives? The opposite. I see this in countless threads on many forums.
My buddy's no douche. Just simply a guy who's been down the divorce road, after a long nasty drag it out. Many of us have been there. He finds a new girl, but once bitten twice shy, a bit reluctantly to tie the knot thinking why not feel out the situation before possibly losing his other half of everything?
The thread was more hoping for some humorous stories of squatting relatives, college buddies on the couch, just humor of good deeds gone bad. Not so much looking for moral judges. Here's hoping spring is early. Night gentlemen.
Martinjmpr
01-03-2017, 10:10
I think that any guy who thinks there is an "easy" way out of any relationship with a woman is in for a big surprise at some point down the road. ;)
Limited GM: If your buddy is that "gun shy" about relationships then he should probably just live apart from her. IMO there are some things in life you can't do half way. You're either in or you're out, there's no in between.
milwaukeeshaker
01-03-2017, 11:10
After 6 months living together in Colorado it's a common law marriage. If she uses his last name as hers at any time it's common law.
After 6 months living together in Colorado it's a common law marriage. If she uses his last name as hers at any time it's common law.
Incorrect. There is no set time frame.
funkymonkey1111
01-03-2017, 11:20
After 6 months living together in Colorado it's a common law marriage. If she uses his last name as hers at any time it's common law.
no, it is not.
milwaukeeshaker
01-03-2017, 11:31
My mistake, sometime in the past I was told by an official that 6 months was the figure. Maybe that was changed, or I was misinformed.
JohnnyDrama
01-03-2017, 11:43
I think that any guy who thinks there is an "easy" way out of any relationship with a woman is in for a big surprise at some point down the road. ;)
Limited GM: If your buddy is that "gun shy" about relationships then he should probably just live apart from her. IMO there are some things in life you can't do half way. You're either in or you're out, there's no in between.
+1
The thread was more hoping for some humorous stories of squatting relatives, college buddies on the couch, just humor of good deeds gone bad. Not so much looking for moral judges. Here's hoping spring is early. Night gentlemen.
After my divorce, I couch surfed at friend's places, briefly moved in to a place my Grandfather had to help him fix it up, camped out a lot, limped along until I was able to get on with my life, and eventually found another woman who I am now married to.
I hope things work out for your buddy.
Couple things to self note for further posting...
when you type with two thumbs on an iPad and you try to cut down your number of words by abbreviated statements, the post outcome is decided by the first couple following posters. If the first couple reply with positive comments, than everyone jumps on that wagon. Negatives? The opposite. I see this in countless threads on many forums.
My buddy's no douche. Just simply a guy who's been down the divorce road, after a long nasty drag it out. Many of us have been there. He finds a new girl, but once bitten twice shy, a bit reluctantly to tie the knot thinking why not feel out the situation before possibly losing his other half of everything?
The thread was more hoping for some humorous stories of squatting relatives, college buddies on the couch, just humor of good deeds gone bad. Not so much looking for moral judges. Here's hoping spring is early. Night gentlemen.
Not so. The outcome is determined by the wording you select and the information you choose to relay at the time of posting.
Of COURSE there will misunderstandings if you don't explain a) that this was seeking humorous stories, and b) anything regarding your buddy's divorce and once-bitten, twice-shy mentality. Had that been explained, I'm sure the thread would have had a far different outcome. I believe we can all relate to such a thing in some form or another, and have humorous tales to tell.
I tend to bristle at the very idea of "if he wanted to get rid of her, he could easily." This is NOT a rare sentiment, and you had nothing to indicate that you were jesting or seeking stories of squatting relatives, college buddies and other guests from hell. How were we to know?
Beautifully said, CavSct1983!
He has a way with words don't he. [Score]
funkymonkey1111
01-03-2017, 12:59
Not so. The outcome is determined by the wording you select and the information you choose to relay at the time of posting.
Of COURSE there will misunderstandings if you don't explain a) that this was seeking humorous stories, and b) anything regarding your buddy's divorce and once-bitten, twice-shy mentality. Had that been explained, I'm sure the thread would have had a far different outcome. I believe we can all relate to such a thing in some form or another, and have humorous tales to tell.
I tend to bristle at the very idea of "if he wanted to get rid of her, he could easily." This is NOT a rare sentiment, and you had nothing to indicate that you were jesting or seeking stories of squatting relatives, college buddies and other guests from hell. How were we to know?
There was nothing humorous at all about the initial post, nor any indication "humorous stories" were sought.
Also to add, the second you invite someone into your home they have a right to be there. If you kick them out, they can initiate civil action against you. If they break into your home and you shoot them, castle doctrine cannot apply (knowing and unlawful entry burden can never be met). Even if you tell them don't come back or I'll call the cops, without a forcible entry and detainer - which they can fight if they so choose - and without a writ to force them out, they'll have equal right to your own home. Fun, fun.
Standard disclaimer applies, this is not legal advice.
I don't buy this for a second. You can do better.
BushMasterBoy
01-03-2017, 18:51
Problem is you never know how the police will react, or the courts will rule. The legal system is not based on logic, but experience.
Great-Kazoo
01-03-2017, 21:41
Also to add, the second you invite someone into your home they have a right to be there. If you kick them out, they can initiate civil action against you. If they break into your home and you shoot them, castle doctrine cannot apply (knowing and unlawful entry burden can never be met). Even if you tell them don't come back or I'll call the cops, without a forcible entry and detainer - which they can fight if they so choose - and without a writ to force them out, they'll have equal right to your own home. Fun, fun.
Standard disclaimer applies, this is not legal advice.
Which also applies to
NO TRESPASSING signs
AND a big one most people are not aware of
BEWARE OF DOG....... It shows you acknowledge your dog may be vicious.
Which also applies to
NO TRESPASSING signs
AND a big one most people are not aware of
BEWARE OF DOG....... It shows you acknowledge your dog may be vicious.
This sort of stuff is also why I eschew bumper stickers dealing with guns, veteran status (especially those ridiculous PTSD/Angry Veteran/etc. stickers), etc.
Last thing I need is something funny and innocuous to me being flipped around by some DA if I feel compelled to defend myself.
gnihcraes
01-03-2017, 22:32
Which also applies to
NO TRESPASSING signs
AND a big one most people are not aware of
BEWARE OF DOG....... It shows you acknowledge your dog may be vicious.
I also tread lightly and assume any dog is vicious. Proceed with caution. "he won't bite" you can't be sure of that.
I also tread lightly and assume any dog is vicious. Proceed with caution. "he won't bite" you can't be sure of that.
I'm quite the opposite. My assumption is that any dog can be approached, and most are amenable, but I do read the signals they give off, and back off if warranted. Not even once in 50 years have I felt like I was in danger, and only a few times have I chosen to avoid an interaction. My wife thinks I'm the fricken dog whisperer...
Which also applies to
NO TRESPASSING signs
AND a big one most people are not aware of
BEWARE OF DOG....... It shows you acknowledge your dog may be vicious.
I don't understand the connection...what also applies to "no trespassing" signs?
gnihcraes
01-04-2017, 10:57
I'm quite the opposite. My assumption is that any dog can be approached, and most are amenable, but I do read the signals they give off, and back off if warranted. Not even once in 50 years have I felt like I was in danger, and only a few times have I chosen to avoid an interaction. My wife thinks I'm the fricken dog whisperer...
And I'm not a dog whisperer. Most like me, but some do not, right on the first approach. Bad vibes or looks? ha
I also tread lightly and assume any dog is vicious. Proceed with caution. "he won't bite" you can't be sure of that.
http://youtu.be/FIwvK-QaucE
Great-Kazoo
01-04-2017, 15:44
I don't understand the connection...what also applies to "no trespassing" signs?
Like a common law "marriage" certain signs, documents, verbal descriptions have legal ramifications.
NO = Not at all; not by any degree.
Trespassing = To commit an unlawful injury to the person, property, or rights of another, with actual or implied force or violence, especially to enter onto another's land wrongfully.
The sign says / signals
One is not welcome on said property without consent from the Owner. If a person trespasses on your property and they refuse to leave. You have legal rights
Especially IF Deadly Force is warranted . HENCE posting a NO TRESPASSING sign is the first part of informing an unwanted person or guest.
Castle Doctrine
Colorado has a castle law. The statute states that “any occupant of a dwelling is justified in using any degree of physical force, including deadly physical force, against another person when that other person has made an unlawful entry into the dwelling, and when the occupant has a reasonable belief that such other person has committed a crime in the dwelling in addition to the uninvited entry, or is committing or intends to commit a crime against a person or property in addition to the uninvited entry, and when the occupant reasonably believes that such other person might use any physical force, no matter how slight, against any occupant.
Thanks, Webster, I know what "no trespassing" and "castle doctrine" mean. You replied to a post saying that castle doctrine doesn't apply if you kick someone out of your house and they forcibly re-enter, and you said "which also applies to no trespassing signs." Those two statements don't seem to make sense together.
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Great-Kazoo
01-04-2017, 16:02
Thanks, Webster, I know what "no trespassing" and "castle doctrine" mean. You replied to a post saying that castle doctrine doesn't apply if you kick someone out of your house and they forcibly re-enter, and you said "which also applies to no trespassing signs." Those two statements don't seem to make sense together.
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They're not meant to be taken together.
. In a relationship unless one gets what ever paperwork is needed to remove said person you're stuck with them.
What i mean to say is a sign, or declaration, has legal ramifications.
Some people think or believe there's "no strings attached" by living together. As a No trespassing sign also has.
Aloha_Shooter
01-04-2017, 18:37
Some people think or believe there's "no strings attached" by living together.
Lee Marvin thought that and paid through the nose for his mistake. He's a fool for thinking he can just eject her whenever he wants if they're co-listed on bills or receiving mail together at the same address for over 6 months. I'm not saying he COULDN'T do that (I'm not a lawyer) but I just wouldn't assume that he could.
I was looking at it more along the lines of liability and injury and thinking that if that is held up in court often, insurance companies would stop selling liability insurance. Liability often hinges on whether the person is even supposed to be there.
Personally, I wouldn't be worried about ejecting someone who was trying to squat, as in most cases, they aren't going to be able to afford an attorney worth a shit anyway. I'd be very surprised if you called the police to get someone out of your house and they wouldn't do anything about it, invited guest or not. They break up house parties all the time.
I'm sorry, I've been stuck on the idea of people being angry or violent and then the police just walking away.
gnihcraes
01-05-2017, 16:13
A friend, had a girlfriend who kept coming back uninvited. He waited until police showed up, gave her a push and he was arrested for "Push Shove Kick" and restraining orders were issued for both to stay away from each other. He owned the house, so she couldn't be there. He got probation and had to have no violations for 1 year. He complied and everything is clear from the record.
ymmv.
Great-Kazoo
01-05-2017, 18:34
A friend, had a girlfriend who kept coming back uninvited. He waited until police showed up, gave her a push and he was arrested for "Push Shove Kick" and restraining orders were issued for both to stay away from each other. He owned the house, so she couldn't be there. He got probation and had to have no violations for 1 year. He complied and everything is clear from the record.
ymmv.
A RO prevents you from buying guns.
gnihcraes
01-05-2017, 18:46
A RO prevents you from buying guns.
probably so. He had some and didn't plan to purchase anything, so it was moot. Retired and moved out of state a few years later.
68Charger
01-06-2017, 09:25
I guess I should further elaborate and explain how this happens: People are inherently dishonest. Unless they openly admit to trespassing, this is what can and does happen. Basically when LEO arrive, you say I want this guy gone, you admit that things were okay until this morning and now you want him gone. (Truth). LEO ask Bob Barker "Do you stay here?" and Bob Barker says "I live here". It's a he said, she said type of thing after that, and LEO isn't going to require any sort of written agreement with Bob Barker. They tell you it's a civil issue, they leave. Now in reality, he's only been in your house nine hours.
From here, you might rekey the door when Bob goes to get beer. You later go to work. Bob Barker now has a locksmith come by and rekeys your own door. You call 9-11, police arrive and are aware of the prior issue. They tell you they can't do anything about it. It's a civil issue. They tell Bob Barker that he isn't supposed to deny your access to your own house. But - they don't make him. Unless you pay for a civil standby (75-150/hour), Bob Barker can sit in your house, eating your food, sleeping in your bed, spanking it to your pictures, with you keyed out of your own house. And he can keep gaining entry into the house. You can't shoot him. He can't shoot you.
This is reality meets the law. Luckily, most shitheads are not keenly aware of this "ability".
ETA: Practically, you can eject him, there's no risk of Bob Barker getting a realistic judgment even if he can afford an attorney, and he likely would fear for his life enough not to come back. Again, not legal advice. Luckily this type of thing doesn't happen often but I've seen it happen.
Key: Usually this is a relatives. Strangers/aquantinance have to have big balls to try this, but even that happens, rarely.
2nd ETA: Pro tip: Don't give a sociopath an inch. If you're ever in this circumstance, ask the person to come talk outside. Relative inside locks the doors. Deny they were ever invited, Bob Who? Don't have police show up while they are comfortably setup inside the house.
THIS ^^^^
Regardless of any common law marriage, I've seen this happen... the way the local Sheriff determined it was "does he/she get mail at this address"? (which is BS, because I can start getting mail at your address next week- I just have to put it down as my address, but Fremont Co. isn't a good example)
Bottom line, if you let someone live in your house (even on a temporary basis), then they have to be EVICTED unless they leave of their own accord... yes, the full eviction process (A civil process)... and until you have the paperwork in order that they are fully evicted, the police will not help you remove them. And if you try to forcibly remove them before then, you could be facing domestic violence charges... (which in Colorado can just be verbal abuse)
This is reality meets the law. Luckily, most shitheads are not keenly aware of this "ability".
BEWARE! When you cross paths with somebody who is aware of these rights, they can ruin your life!
Colorado really is a Democrat's paradise now.
Great-Kazoo
01-06-2017, 09:30
This is reality meets the law. Luckily, most shitheads are not keenly aware of this "ability".
BEWARE! When you cross paths with somebody who is aware of these rights, they can ruin your life!
Colorado really is a Democrat's paradise now.
Which is how squatters are able to enter a vacant house and become the nightmare from hell once inside your vacant abode. At this time with the strong housing market , not so much.
Just something to keep in mind
BushMasterBoy
01-06-2017, 10:32
If you show up with a large wolfish looking dog, most folks don't want to argue with you. Doesn't always work against bears though.
gnihcraes
01-06-2017, 10:45
This is reality meets the law. Luckily, most shitheads are not keenly aware of this "ability".
BEWARE! When you cross paths with somebody who is aware of these rights, they can ruin your life!
Colorado really is a Democrat's paradise now.
Which is how squatters are able to enter a vacant house and become the nightmare from hell once inside your vacant abode. At this time with the strong housing market , not so much.
Just something to keep in mind
It took about 2 years to get the squatters out of the crack house next door.
Took the same amount or longer to rid the other house of section 8 folks who brought nothing but trouble with them.
Both accounts above were 100% caused by a shady landlord/slum lord. Out for the $'s and nothing else.
68Charger
01-06-2017, 11:03
If you show up with a large wolfish looking dog, most folks don't want to argue with you. Doesn't always work against bears though.
There are certainly creative ways to make it uncomfortable and encourage them to leave... but you're talking about a battle of wills... in the above example, they may be able to win over the dog with love and treats... (not everybody is afraid of big dogs)
Terry Bradshaw's naked room comes to mind (from movie Failure to launch)...
but at some point, they could possibly invoke tenant rights... (so shutting off the heat is an example of something you can't do)
One question I would have- since there's no rental agreement, does that mean you can increase the rent to $10,000/mo with minimum notice, then send it to collection when they don't pay it?
Hopefully don't ever have to figure it out... it was a nightmare for my brother-in-law... he was hit with a domestic based on her accusation (even though he was the one with bruises) and kicked out- though he was the one on the rental agreement... and she lived there for 2 months until he did an eviction process (once they served her with the eviction notice, she left- knowing that she was going to eventually be evicted)... but he couldn't even go home because of a restraining order related to the domestic charges
BushMasterBoy
01-06-2017, 11:27
Methyl mercaptan and claim a gas leak. Psychological warfare. Anarchists Cookbook. etc.
The best "tip" (not advice) I can give in the above situation where there is no agreement - and unfortunately, I do have experience with it -
1) Find some way to draw them away, or a time when they will be away, preferably several hours outside of town.
2) Time delivery of one of those rentable mobile storage containers and the help of friends, pre-purchase new locks for quick swap-out.
3) While the person is away - and you need to have a safe buffer of a few hours - quickly load all their shit into the unit and have pickup scheduled.
4) Don't forget to re-program garage door.
5) Add alarm stickers to door.
6) If you think they may do utilize a locksmith, then in advance, order or have a friend plotter-cut (reverse oriented) vinyl signs to place in all the glass (inside the house) near the doors: NO LOCKSMITH SERVICE PERMITTED. CALL OWNER "_____" AT ###-####. I guess you could print it on paper as well, but it has to be very visible.
7) If contacted by police, deny, deny, deny. Remind LEO that it's a civil issue, the person does not have any property in the house and deny that they have ever.
This obviously carries risk because this is not the "legal" avenue. This is not legal advice, hire an attorney for legal advice.
FED actions suck because they can literally haul away all your stuff, damage your house, with little to no repercussions. Have you saved receipts for the "stuff" in your house? No? Well, the receipts you do have, where are they? Oh, your house. Well, Bob Barker says everything is his, can you prove it isn't? . Then Bob Barker uses your vehicle in your garage to steal all your shit and documents. No ramifications.
It's hard for people to believe that this can and does happen. They still have some cognitive dissonance and [I]need to believe the system works.
At such a level, I'd feel morally OK with some things I would never otherwise feel are justified.
68Charger
01-06-2017, 11:55
Foxtrot, what has Bob Barker ever done to you? you REALLY don't seem to like this guy [ROFL1]
Methyl mercaptan and claim a gas leak. Psychological warfare. Anarchists Cookbook. etc.
also a book called "don't get mad, get even"... if it gets to the point where they have it in for you like that, the gloves come off...
And for what it's worth, I'd give the same advise to anyone, male or female- if a woman has a clingy "roommate"... just so we're clear I'm off of the OP's topic- I think that person needs to get therapy to deal with their commitment issues.... but then again, I'm coming up on my 27th wedding anniversary in Februrary
FED actions suck because they can literally haul away all your stuff, damage your house, with little to no repercussions. Have you saved receipts for the "stuff" in your house? No? Well, the receipts you do have, where are they? Oh, your house. Well, Bob Barker says everything is his, can you prove it isn't? [I've literally seen it roll like that]. Then Bob Barker uses your vehicle in your garage to steal all your shit and documents. No ramifications.
So what you're telling me is that I need to befriend a super rich person enough to get inside their house, while at the same time have mail sent there, etc, then jack everything and say it was mine and I brought it with me when I "moved in"? Now I don't have to worry about saving for retirement!
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