Colorado Divorce Decisions blog
Can my spouse sell the house without me in Colorado?
No. Here is the Colorado rule that stops it, what it covers, and what happens if your spouse tries.
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No. Both owners have to sign a deed regardless, and once a divorce is filed and served, Colorado’s automatic temporary injunction (C.R.S. 14-10-107(4)(b)) restrains both spouses from transferring, encumbering, concealing or disposing of marital property, except for ordinary living expenses, without the other’s consent or a court order. That includes listing the house, refinancing it, or opening a HELOC.
What the injunction covers
- Selling, transferring or borrowing against marital property.
- Concealing property or extraordinary spending without notice.
- Cancelling or changing health, homeowner’s, auto or life insurance without 14 days’ notice and consent.
- Taking the children out of Colorado without consent or an order.
- Disturbing the peace of the other party.
When it starts and ends
It binds the petitioner on filing and the respondent on service (or waiver), and lasts until the decree is entered or the case is dismissed.
If your spouse tries anyway
Tell your attorney immediately. Violating the injunction can be contempt of court, and a sale without your signature will not close: the title company needs both owners on the deed. If you are not yet in a case and your spouse is threatening to sell, filing the petition is what triggers the protection.
How a sale happens legally during the case
A written stipulation both spouses sign naming the agent, the price rules and how proceeds are held, or a court order. Selling during a divorce.
Plain-language education from a Colorado real estate group, not legal, tax or financial advice. Numbers are as of September 2026. Disclaimer.
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Questions about the house, the deed or the decree?
Call us today to talk through your situation and how we can help. A live person answers. Not a robot, not a phone tree.
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Ask us about the house
Tell us where you are in the process and what you are trying to figure out. We will answer honestly, including when the honest answer is to wait. Free and confidential. You do not need to be ready to sell, and there is no pressure to list your home. Or bring your question to the free monthly Zoom, Divorce and the House, second Saturday at 9:00 AM.
303-955-4220A live person answers. Not a robot, not a phone tree. Prefer email? homes@kennarealestate.com
Divorce Decisions™: Colorado divorce workshops and education. Real estate services provided by The Kenna Group at Keller Williams DTC. Not legal, tax, lending or financial advice.