Cameron Miranda
Common-law marriage in Colorado is a confusing topic for many, as there are many misconceptions about what constitutes a common-law marriage. Colorado is one of the few remaining states that recognize common-law marriages, and it treats them the same as legally sanctioned marriages. If a couple is found to be common-law married, they will have to file for divorce to officially end the union. This means that common-law spouses can get the same tax breaks and legal rights as those with an official marriage license. To prove a common-law marriage, there must be evidence of mutual consent or agreement of the parties and a mutual and open assumption of a marital relationship. This evidence can include witness testimony, documents, and commitment symbols. However, there is no single fact that proves or disproves a common-law marriage, and the determination is made by a judge.
| Characteristics | Values |
|---|---|
| Recognition of common-law marriage in Colorado | Yes, Colorado is one of the few states that recognize common-law marriage. |
| Requirements for common-law marriage | Both parties must be at least 18 years old, neither can be in another marriage or domestic partnership, and both must consent to the commitment and act like a married couple. |
| Evidence of common-law marriage | Testimonies, documents, commitment symbols, financial responsibility, estate planning, etc. |
| Affidavit of Common-Law Marriage | A simple form that can be filled out at the county clerk's office. It may not be sufficient evidence for some courts. |
| Joint tax returns | Not required, but can be used as evidence. |
| Divorce | Common-law marriages are treated the same as traditional marriages, so a divorce is required to end the union. |
| Property | Colorado views property as common-law property, meaning there is no automatic assumption that property is shared. |
| Social Security | Recognizes common-law marriage if the couple lives in a state that recognizes it and submits evidence of the union. |
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What You'll Learn
Common law marriage requirements in Colorado
Colorado is one of the few states in the US that recognizes common-law marriages. A common-law marriage is established through case law, not by statute. This means that a couple is considered common-law married if they mutually consider themselves as married and present themselves to the community as a married couple. There is no minimum time period for cohabitation, but both parties must be at least 18 years old and neither person can already be legally married to someone else.
The first requirement of common-law marriage is an agreement to be married. This can be established through mutual consent or agreement to be husband and wife, followed by conduct that demonstrates this agreement. For example, a couple referring to each other as husband and wife. However, simply living together does not establish a common-law marriage.
If there is a dispute about whether a common-law marriage existed, the Court will hold a hearing to determine the existence of the marriage. The Court will consider all the evidence together, including documentary evidence and witness testimony. For example, in a 2018 decision, the Colorado Court of Appeals upheld a trial court determination that there was no common-law marriage, despite witnesses testifying to the existence of the marriage, because the couple filed individual tax returns and claimed to be single for insurance and Medicaid purposes.
If a common-law marriage is established, it is no different from a traditional marriage and must be terminated through a formal divorce. There is no provision for a "common-law" divorce in Colorado, and a couple must undergo the same standard divorce process as for traditional marriages.
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How to prove a common law marriage in Colorado
Colorado is one of the few remaining states that recognize common-law marriages. A common-law marriage is a legal union between two individuals who meet specific criteria without obtaining a formal marriage license or going through a ceremony. This means that couples can be considered legally married under common law even if they have not gone through the traditional marriage process.
To be considered common-law married, the couple must meet all of the following criteria:
- Both are free to contract a valid ceremonial marriage (e.g. they are not already married to someone else)
- Cohabitation
- Agreement to be married
- Holding yourself out as married
If there is a dispute about whether a common-law marriage existed, the Court will hold a hearing to determine whether the marriage existed. The couple will be able to testify, call witnesses, and present evidence. The Court will consider all the evidence together, and there is no single element that will prove or disprove a common-law marriage.
- Providing evidence of cohabitation
- Joint financial accounts or assets
- Shared bills or expenses
- Witness testimony from friends or family members who can attest to your relationship
- Filing joint tax returns
- Affidavit swearing that a couple is married
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Common law marriage and tax returns
Colorado is one of the few remaining states that recognize common-law marriage. Common-law marriage is constituted when a couple meets the following requirements: both parties are at least 18 years old, neither person can be in a marriage or domestic partnership with a third party, and both parties consent to being committed to one another. They must also have a "mutual and open assumption" that they are conducting themselves as a married couple. This means that if both people in a relationship agree to be seen and addressed as married, and both people behave in a way that reflects marriage, then common law applies.
If the court determines that a couple is common-law married, they will have to go through the same divorce process as any other married couple to officially end the union. Common-law marriages are treated exactly like legally sanctioned marriages in Colorado. This means that common-law spouses can get the same tax breaks they would have if they had an official marriage license. According to the Colorado Department of Revenue, spouses in common-law marriages can file jointly in Colorado if they also file jointly on their federal tax returns.
To reduce fraud, some private or educational institutions require proof of common-law marriage, either by showing joint tax returns or filling out an affidavit swearing that a couple is married. However, an affidavit is not required, and it is likely not sufficient proof of marriage on its own. The courts will consider many types of evidence to determine if a common-law marriage exists, including the couple's references to or labels for one another (for example, calling each other husband or wife). There is no single element that will prove or disprove a common-law marriage. The court will consider all the evidence together.
In a 2018 decision, the Colorado Court of Appeals upheld a trial court determination that there was no common-law marriage. In this case, the couple lived together, ran a business together, and referred to each other as husband and wife to friends and coworkers. However, both parties filed individual tax returns and claimed to be single for insurance and Medicaid purposes. These documents trumped the witnesses, and the court found no common-law marriage. This decision echoes earlier rulings suggesting that documentary evidence, such as tax returns, is more compelling than witnesses who contradict the documents.
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Common law marriage and divorce
Colorado is one of the few remaining states that recognize common-law marriages. A common-law marriage is a marriage that is recognized by a court as a marriage, even though the two potential spouses may not have complied with the requirements of a statutory marriage, such as by obtaining a marriage license. Common-law marriages are more than committed partnerships or long-term relationships. They are established when two people agree to be married and then act like a married couple. This means that there is no time limit or requirement for a common-law marriage to be established.
To prove a common-law marriage, the two elements necessary are "mutual consent or agreement of the parties" and "mutual and open assumption of a marital relationship". This can be proven by introducing evidence at a hearing, such as witness testimony and documents. The court will consider many types of evidence, including the couple's references to or labels for one another (calling each other husband/wife), and there is no single element that will prove or disprove a common-law marriage.
If there is a dispute about whether a common-law marriage existed, the Court will hold a hearing, and it will be the job of the couple to prove that they were common-law married. If the Court finds that the couple was common-law married, their case will go forward the same as any other divorce case. Ending a common-law marriage follows the exact same process as any other divorce. The property and debts acquired during the marriage are considered marital property, which the court would divide in a divorce proceeding.
It is important to note that if there is a disagreement about a common-law marriage that affects inheritance or probate issues, this will need to be addressed in probate court. Additionally, social security recognizes common-law marriages if the couple lives in a state that recognizes such marriages and submits evidence of the marriage.
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Common law marriage and property
Colorado is one of the few remaining states that recognize common-law marriage. A common-law marriage is an alternative to a ceremonial marriage, where a couple obtains a marriage license and then goes through a ceremony. In Colorado, a common-law marriage is established through caselaw, not by statute.
A couple is considered common-law married when they agree to be married and then act like a married couple. This means that they intend to enter into a marital relationship, sharing a life together as spouses in a committed, intimate relationship of mutual support and mutual obligation. It is important to note that simply living together does not constitute a common-law marriage, even if the couple has lived together for a long period of time. The amount of time a couple is together is not a factor in determining a common-law marriage in Colorado.
If a couple is common-law married, they are just as married as a couple who had a civil or religious ceremony with a marriage license. They have all the legal rights and duties of any married couple. This includes the division of assets upon separation, where assets, debts, businesses, retirement accounts, and physical properties acquired during the marriage may be considered marital property and subject to division by the court.
In the case of a disputed common-law marriage, the court will hold a hearing to determine whether the marriage existed. The court will consider various types of evidence, including the couple's references to or labels for one another (e.g., calling each other husband/wife), joint finances, and tax returns. The court will consider all the evidence together, and there is no single element that will prove or disprove a common-law marriage. The burden of proof falls on the couple claiming to be common-law married.
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Frequently asked questions
Common-law marriage in Colorado is a confusing topic because of how many rumors and stories there are about what truly constitutes a common-law marriage. There are two elements necessary to prove a common-law marriage exists: 1) "mutual consent or agreement of the parties" and 2) "mutual and open assumption of a marital relationship". The court will consider many types of evidence to determine if a common-law marriage exists including the couple's references to or labels for one another (calling each other husband/wife).
Common-law marriages are treated exactly like legally sanctioned marriages in Colorado. Spouses in common-law marriages can file jointly in Colorado if they also file jointly on federal tax returns. This means that common-law spouses can get the same tax breaks they would have if they had an official marriage license.
To end a common-law marriage, you need to file for divorce. The property and debts acquired during the marriage are marital property, which the court would divide in a divorce proceeding.
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