What does the automatic injunction mean for selling a house once a Colorado divorce is filed?
ONCE THE DIVORCE IS FILED AND SERVED, NOTHING MARITAL MOVES WITHOUT CONSENT OR AN ORDER.
When a dissolution petition is filed and served, or service is waived, an injunction binds both spouses until the final decree, a dismissal or a further order. It bars transferring, encumbering, concealing or disposing of marital property without the other spouse's consent or a court order, whoever is on the deed, when the house is marital property; a spouse's separate property is outside the restraint (C.R.S. 14-10-107(4)(b) and 14-10-113, VERIFIED). A closing is a transfer, so it needs that consent or order (an inference from the text, PROBABLE).DIVORCE · SHOWN
Filing and service start the injunction. Consent or an order lets a sale through. The decree ends it.
- 01STARTS
Filing plus service
The injunction takes effect on filing the petition and serving the other spouse, or on waiver and acceptance of service (C.R.S. 14-10-107(4)(b), VERIFIED).
- 02BINDS
Both spouses
It restrains both parties from transferring, encumbering, concealing or disposing of marital property without consent or a court order (C.R.S. 14-10-107(4)(b)(I)(A), VERIFIED).
- 03ALLOWS
A written consent or an order
The restraint gives way to the other spouse's consent or a court order. A closing before the decree needs one of them (an inference from the text, PROBABLE).
- 04ENDS
Decree, dismissal or order
It stays in effect until the final decree is entered, the petition is dismissed or the court orders otherwise (C.R.S. 14-10-107(4)(b), VERIFIED).
What the statute restrains, in its own words.
The Colorado dissolution statute makes an injunction part of every filing. It takes effect against the petitioner when the petition is filed and against the respondent on personal service or on waiver and acceptance of service, and it stays in effect against both until the final decree is entered, the petition is dismissed or the court orders otherwise (C.R.S. 14-10-107(4)(b), VERIFIED). The text of the injunction has to be printed on the summons and the petition (C.R.S. 14-10-107(4)(b)(II), VERIFIED).
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The property restraint bars either party from transferring, encumbering, concealing or in any way disposing of marital property without the other party's consent or an order of the court, except in the usual course of business or for the necessities of life (C.R.S. 14-10-107(4)(b)(I)(A), VERIFIED). A separate restraint bars either party from canceling, modifying or letting lapse a homeowner's policy without fourteen days' advance notice and the other party's written consent or an order (VERIFIED, C.R.S. 14-10-107(4)(b)(I)(D)).
Why the deed does not decide it.
The restraint is written around marital property, not around whose name is on title. Property acquired by either spouse after the marriage is marital, with four exceptions (C.R.S. 14-10-113(2), VERIFIED), so a house bought during the marriage in one name is still inside the injunction unless one of those exceptions applies and can be shown.
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That is why a one-name deed is not a green light to list. It is also why the same paperwork matters on both sides: the deed, the loan, any court orders and one neutral account of condition and cost, so that consent, when it comes, is consent to a specific sale on specific terms.
What to have in writing before any contract is signed.
The statute does not say whether signing a listing agreement, taking photographs or holding an open house counts as disposing of the property, and no rule read answers it either way. That question belongs to the divorce attorney, who can say whether consent or a temporary order is needed before the house is even marketed, and can supply either. A written stipulation signed by both spouses and filed with the court is the ordinary way to record consent (PROBABLE, from a Colorado divorce firm's page, not a statute).
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Once consent or an order exists, the sale can be run like any other: both owners of record sign the listing agreement, the contract and the deed unless the order says otherwise (PROBABLE, practice), and the title company will say what it needs from the decree or the stipulation. Send Robert the address and the stage the case is at, and the neutral file comes back without blame.
THE RECEIPT
Every number and every section, with its source.
VERIFIED means the text was fetched and read on the date shown. PROBABLE means a snippet or a secondary page carried it, and the primary text or an attorney confirms it.- SOURCE · VERIFIED
- C.R.S. 14-10-107, commencement; the automatic injunction on marital property and the homeowner's policy
Read 2026-09-24.
OPEN THE SOURCE ↗ - SOURCE · VERIFIED
- C.R.S. 14-10-113, disposition of property (marital property and its four exceptions)
Read 2026-09-24.
OPEN THE SOURCE ↗ - SOURCE · PROBABLE
- A Colorado divorce firm's page on selling during a divorce (written stipulation filed with the court; temporary orders when spouses disagree)
Read 2026-09-24.
OPEN THE SOURCE ↗ - SOURCE · VERIFIED
- The divorce house guide on this site
Read 2026-09-24.
OPEN THE SOURCE ↗ - AS OF
- September 2026
- GEOGRAPHY
- Colorado
- DOES NOT PROVE
- Whether listing, showing or signing a listing agreement is restrained in your case, how your court will rule on consent, or what your title company will require. The page reads the statute, not your case.
WHERE ROBERT STOPS
Whether a listing, a showing or a contract step needs consent or an order, and how to get one, is for the divorce attorney. Robert builds the neutral file and runs the sale once consent or an order exists.
THE RECORD, PUBLICLY CHECKABLE
5.0 across 32 Zillow reviews · 54 recorded sales, 18 in the last twelve months.
Robert S. An, broker associate at Compass, Colorado license 100084328. Checked on the public Zillow profile September 24, 2026; a public profile changes, so read it yourself rather than taking this line for it. Those sales are residential, across the Denver metro.READ THE CLIENT ACCOUNTS WHOLE →THE GUIDE'S NEUTRAL FILE
Tell Robert the event.
Send the address and the stage the case is at. The file comes back with title, loan, condition, cost and the current competition, written without blame.TELL ROBERT THE EVENTPRICE IT
See what each way out leaves on this house.
OPEN THE NET SHEET →WHEN IT IS YOUR HOUSE
RUN AN ADDRESS