Common Law Marriage

Common Law Marriage

Common law marriage is recognized in the state of Colorado. Colorado is one of only 9 states that still recognize common law marriage. The other states are: Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, Utah, and Texas.

Common law marriage is a legal status that is formed when two individuals live together and hold themselves out to the public as a married couple, without obtaining a marriage license or having a formal marriage ceremony.

A common law marriage is intentional, not accidental. “A common law marriage is established by the mutual consent or agreement of the parties to be husband and wife, followed by mutual and open assumption of a marital relationship.”

Factors the Court Would Consider in Determining a Common Law Marriage

• Evidence of Shared Financial Responsibility: Such as leases in both partners’ names, joint bills, or other payment records;

• Evidence of Joint Estate Planning: Including wills, powers of attorney, beneficiary and emergency contact designations;

• Symbols of Commitment. Such as ceremonies, anniversaries, cards, gifts, and the couple’s references to or labels for one another.

• Beliefs Held Regarding Marriage. The courts should also consider the parties’ sincerely held beliefs regarding the institution of marriage;

• Focus on Couple’s Conduct and Attitude During the Relationship. While the inquiry should focus on the couple’s conduct and inquiry during the relationship, a party’s behavior when a relationship ends may be instructive;

• Importance of When a Partner Asserts the Common Law Marriage. A partner who asserts a common law marriage years after the couple broke up has a less credible claim than one who promptly asserts spousal status for dissolution or probate purposes.

• Importance of Conduct When Relationship is Breaking Down. Conduct inconsistent with marriage that occurs as a relationship is breaking down does not negate a finding of common law marriage where there is evidence of the parties’ earlier mutual agreement to be married. In other words, infidelity, physical separation, or other conduct arising as the relationship is ending does not invalidate a couple’s prior mutual agreement to enter a common law marriage.

Most Common Evidence for Establishing Common Law Marriage Are As Follows:

1. Joint banking and credit accounts;

2. Purchase and joint ownership of property;

3. The use of the man’s surname by the woman;

4. The use of the man’s surname by children born to the parties;

5. The filing of joint tax returns;

6. Applications for forms related to medical care or insurance;

7. Greeting cards addressed to “my husband” or “my wife;”

8. Giving, receiving, and wearing of rings;

9. Photographs, social media postings, showing or talking about marriage;

10. Holding a wedding like celebration, ceremony or annual marital rituals celebrating anniversaries;

11. Applications and/or affidavits for medical or life insurance;

Once Common Law Marriage is established the couple has the same legal rights and responsibilities as couples who have obtained a marriage license and had a formal ceremony. If you're seeking to establish or dispute a common law marriage in Colorado, it's important to consult with an experienced family law attorney who can provide you with guidance and representation throughout the legal process. At Nexus Family Law Group, we have years of experience handling common law marriage cases in Colorado, and we're dedicated to helping our clients achieve the best possible outcome in their case.