Anaya Nolan
Colorado is one of the few remaining states that recognizes common-law marriages, doing so since 1877. A common-law marriage is established when the parties mutually consent to be husband and wife, without the need for a license, ceremony, or documentation. However, it can be challenging to determine whether a couple is in a common-law marriage, as there is no single element or formula that defines it. The two major components necessary to establish a common-law marriage are the mutual consent or agreement of the parties and the mutual and open assumption of a marital relationship. If a couple has a valid common-law marriage in Colorado, other states must recognize it as such.
| Characteristics | Values |
|---|---|
| Recognition of common-law marriage | Recognized in Colorado |
| Number of recognizing states | 1 of 12 states |
| Recognition by other states | Yes, if the state where the marriage began recognizes it |
| Recognition by the military | Yes, if it was legal where it was entered into |
| Recognition by social security | Yes, if the couple submits evidence |
| Recognition of same-sex common-law marriage | Yes |
| Recognition of civil unions | Yes, but it is a different type of legally recognized relationship |
| Requirements | Cohabitation, agreement to be married, holding out as married, both over 18, neither in another marriage or domestic partnership |
| Evidence | Witness testimony, documents, any form of evidence openly manifesting the intention of the parties |
| Proof of marriage | No license, ceremony, or documentation required |
| Documentation of marriage | Filing a signed, notarized affidavit with the County Clerk and Recorder |
| Dissolution | Formal dissolution of marriage, annulment, or legal separation |
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What You'll Learn
Colorado's recognition of common-law marriage
Colorado is one of the few remaining states that recognizes common-law marriage. It has recognized such marriages since 1877 and is one of 12 states to do so.
A common-law marriage in Colorado is established when the parties mutually consent to be husband and wife. It does not require any license, ceremony, or documentation to be legal. However, if the parties need documentation of a marriage, it is recommended that they file a signed, notarized affidavit, attesting to the marriage, with the County Clerk and Recorder in the county where they reside.
The two major components necessary to establish a common-law marriage in Colorado are the "mutual consent or agreement of the parties" and the "mutual and open assumption of a marital relationship." Both opposite-sex and same-sex couples qualify for common-law marriage in Colorado.
To be considered common-law married, the couple must meet certain criteria. Both individuals must be free to contract a valid ceremonial marriage (e.g., they are not already married to someone else) and be at least 18 years old. Additionally, the marriage cannot be otherwise prohibited under Colorado law, such as marriages between people who are related in certain ways.
It is important to note that cohabitation alone does not constitute a common-law marriage in Colorado. The relationship must also include an agreement to be married and both parties acting like a married couple. The length of the relationship is not the determining factor, as a common-law marriage can be established in a short period, and a long-term couple may never be considered common-law married without the necessary mutual consent and agreement.
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Benefits and obligations of common-law spouses
Colorado is one of the few remaining states that recognizes common-law marriages. A common-law marriage is established when the parties mutually consent to be husband and wife. It does not require any license, ceremony, or documentation to be legal. However, it can be difficult to prove, and it is often misunderstood. For example, a couple is not considered married under common law based on the length of their relationship alone. Rather, it is the intention to enter into a marital relationship that matters. This means that two people are common-law married when they agree to be married and then both act like a married couple.
If you have a valid common-law marriage in Colorado, other states must recognize you as married. Common-law spouses have the same inheritance rights as traditionally married couples. They may also qualify for various federal benefits, including spousal retirement, survivor benefits, and disability benefits. Additionally, common-law spouses can benefit from employment perks like family leave, bereavement leave, and access to retirement accounts or pension plans if offered by their partner's employer. They are also entitled to estate tax provisions, such as the unlimited marital deduction, which allows for the transfer of assets without incurring estate or gift taxes.
However, it is important to note that the recognition of common-law marriages varies across different jurisdictions. While some provinces may grant couples in marriage-like relationships many of the rights and responsibilities of a marriage, they are not legally considered married. In England, Wales, and Northern Ireland, there is little to no legal grounding for the concept of common-law marriage. While a cohabiting partner may be able to apply for provision from the estate of their deceased partner, they do not have the same rights as a spouse in divorce or separation. For example, they cannot claim their partner's pension assets, and the courts have no discretion to reallocate assets.
To establish a common-law marriage in Colorado, it is recommended that couples file a signed, notarized affidavit with the County Clerk and Recorder in their county of residence. This document attests to the marriage and can be used as evidence if needed. It is also important to note that both parties must be free to contract a valid ceremonial marriage, meaning they are not already married to someone else. While common-law marriage offers flexibility and avoids the costs of a traditional wedding, it can lead to complications, especially when it comes to proving the marriage's existence in legal matters.
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How to prove a common-law marriage
Colorado is one of the few remaining states that recognizes common-law marriage. A common-law marriage is formed when both parties mutually agree to live as a married couple and present themselves as such to their community. While no licenses, ceremonies, or papers are needed to establish its validity, it is still important to gather evidence of the marriage in the event of a dispute. This is because the "mutual agreement" is often disputed when common-law couples separate. In the case of a breakup, a court hearing will be held, and both sides must submit arguments and evidence to support their claims.
- File a signed, notarized affidavit, attesting to the marriage, with the County Clerk and Recorder in the county where the couple resides.
- Provide evidence of cohabitation, such as lease agreements, utility bills, joint bank account statements, and insurance policies.
- Show proof of joint finances and property ownership, such as property deeds, bank statements, loan documents, and credit card accounts in both names.
- File taxes jointly and ensure that tax returns list the same address and indicate a mutual intent to live as married spouses.
- Obtain copies of any legal paperwork filed during the relationship, such as wills or powers of attorney.
- Gather witness testimonies from friends and family who can attest to the relationship and living situation.
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Common misconceptions about common-law marriage
Common-law marriage is not recognized in most states. However, Colorado is one of the few remaining states that does recognize it. Here are some common misconceptions about common-law marriage:
Length of Relationship
The length of a relationship does not determine a common-law marriage. In other words, there is no "magic number" of years that results in a common-law marriage by default. For example, in Washington State, being married for 10 years does not grant you a common-law marriage. In Colorado, a common-law marriage can be established in one day, and a long-term couple may never be considered married under common law.
Cohabitation
Cohabitation alone does not constitute a common-law marriage. While cohabitation is a requirement in some states, there are other requirements that must be met. For example, in Iowa, there must be an agreement that the people are married, and the couple must present themselves publicly as a married couple.
Legal Recognition
Even if a couple considers themselves to be married under common law, it is ultimately the legal system that decides whether a common-law marriage exists. In states that do not recognize common-law marriage, courts may still divide property and debts if a couple can demonstrate that they were in a committed intimate relationship.
Rights and Benefits
A common-law marriage grants the same legal rights as a "regular" marriage. However, it can be challenging to prove whether a common-law marriage exists, which may impact the ability to access these rights. For example, an unmarried partner does not inherit in the same way a surviving spouse does, and they are not eligible to collect social security benefits.
State Recognition
If a common-law marriage is valid in the state in which it began, all states will recognize the marriage. However, the requirements for common-law marriage vary slightly among states, so it is important to understand the specific laws in each state.
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Ending a common-law marriage
Colorado is one of the few states that recognize common-law marriages. A common-law marriage is established when the parties mutually consent to be husband and wife. It does not require any license, ceremony, or documentation to be legal. However, if the parties need documentation of a marriage, it is recommended that they file a signed, notarized affidavit, attesting to the marriage, with the County Clerk and Recorder in the county where they reside.
To end a common-law marriage, you need to get a legal divorce through a court. The two major components necessary to establish a common-law marriage are the "mutual consent or agreement of the parties" and the "mutual and open assumption of a marital relationship." Witness testimony and documents can be introduced as evidence at a hearing to prove these elements.
It is important to note that simply living together does not constitute a common-law marriage, even if it is for a long period. The amount of time a couple is together is not a factor in determining a common-law marriage in Colorado. Rather, it is the intention to enter into a marital relationship that matters.
If you have a valid common-law marriage in Colorado, other states must recognize you as married. However, if you move to a state that does not recognize common-law marriages, your marriage may no longer be valid.
It is always advisable to seek legal advice when ending a common-law marriage to ensure that your rights and obligations are protected.
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Frequently asked questions
Yes, Colorado is one of the few remaining states that recognize common-law marriage.
The two major requirements for a common-law marriage in Colorado are the "mutual consent or agreement of the parties" and the "mutual and open assumption of a marital relationship". Both parties must be over the age of 18 and cannot already be married or in a domestic partnership.
There is no single formula for proving a common-law marriage in Colorado. The courts are broad in terms of what can demonstrate such a marriage, and the precise evidence is left to the attorneys involved. However, witness testimony, documents, and cohabitation can be used as evidence.
If a common-law marriage is valid in Colorado, then other states must recognize it as well. However, there may be practical problems trying to dissolve the marriage in another state.
Yes, Colorado recognizes same-sex common-law marriages.
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