Common Law Marriage In Colorado

In Colorado, common law marriage is a legally recognized union between two individuals who live together and present themselves as a married couple, without undergoing a formal ceremony or obtaining a marriage license.

This form of marriage grants partners the same legal rights and obligations as those in a ceremonial marriage.

Legal Recognition and Requirements

Colorado is among the few states that recognize common law marriages. To establish such a marriage in Colorado, the following criteria must be met:

Mutual Consent: Both parties must mutually agree to enter into a marital relationship. This agreement does not need to be in writing or expressed verbally; it can be inferred from the couple’s conduct.

Cohabitation: The couple must live together. There is no specific duration required for cohabitation; the focus is on the nature of the relationship rather than the length of time cohabiting.

Public Representation: The couple must hold themselves out to the community as married. This can include using the same last name, referring to each other as spouses, filing joint tax returns, or sharing financial accounts.

Legal Capacity: Both individuals must have the legal capacity to marry, meaning they are at least 18 years old and not already married to someone else.

Evidence of Common Law Marriage

Proving this type of marriage can be complex, as it relies on demonstrating the couple’s intent and public acknowledgment of the marriage.

Evidence may include:

• Joint Financial Accounts: Bank accounts, credit cards, or loans held in both names.
• Shared Property Ownership: Real estate or other significant assets owned jointly.
• Tax Returns: Filing federal or state taxes as a married couple.
• Insurance Policies: Listing each other as beneficiaries on life or health insurance.
• Affidavits: Statements from friends, family, or the couple themselves attesting to the marriage.
• It’s important to note that no single piece of evidence is conclusive; courts will consider the totality of circumstances.

Legal Implications

Once established, common law marriages in Colorado are treated identically to a ceremonial marriage. This includes rights and responsibilities related to property division, inheritance, spousal support, and decision-making authority in medical situations. Ending a common law marriage requires a formal divorce proceeding, just as with a licensed marriage.

Same-Sex Common Law Marriage

Following the legalization of same-sex marriage, Colorado recognizes common law marriages for same-sex couples, provided they meet the same criteria as opposite-sex couples.

Considerations

While common law marriage offers flexibility, it can lead to legal complexities, especially when determining the existence of the marriage or during dissolution. People in such relationships should consider formalizing their union or consulting legal professionals to understand their rights and obligations fully.