Kara Sears
Common-law marriage in Colorado is an alternative to a ceremonial marriage. It is a way for couples to be considered married without obtaining a marriage license and going through a ceremony. While cohabitation is a factor in determining a common-law marriage, it is not a requirement, and there is no minimum duration for cohabitation. To prove a common-law marriage in Colorado, two key elements are required: mutual agreement or consent and an open assumption of a marital relationship. This can be established through witness testimony and various documents, such as mail, lease agreements, tax returns, and insurance forms. If there is a dispute regarding a common-law marriage, a court hearing is typically held, and a judge considers all the evidence together to determine the marriage's validity.
| Characteristics | Values |
|---|---|
| Cohabitation | Not required, but relevant. No specific duration is required. |
| Agreement to be married | Must be mutual consent or agreement. |
| Holding yourself out as married | Must be a mutual and open assumption of a marital relationship. |
| Age | Both parties must be at least 18 years old. |
| Previous marriages | Both parties must be free to contract a valid marriage (e.g. not already married to someone else). |
| Relationship type | Cannot be incestuous (ancestor/descendent, sister/brother, aunt/nephew, or uncle/niece). |
| Evidence | Documentation, witness testimony, verbal statements, conduct, and other evidence of cohabitation and mutual intent are required. |
| Court process | A hearing will likely be held, and both spouses will likely testify. |
| Divorce | Common-law marriages are treated the same as statutory marriages, and divorce is the only way to end the marriage. |
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What You'll Learn
Mutual consent and agreement
The Colorado Supreme Court has emphasised that common-law marriage is based on "issues of fact and credibility," and district courts will hold hearings to determine the existence of such a marriage. During these hearings, the court will consider various types of evidence, including public declarations and conduct demonstrating the mutual intent to be married. For example, referring to each other as "husband," "wife," or "spouse" in greeting cards or other contexts can be considered evidence of mutual consent and agreement.
Additionally, documentation can play a crucial role in proving mutual consent and agreement. Mail, bills, lease agreements, property deeds, joint finances, tax returns, and insurance forms can all help demonstrate that a couple holds themselves out as married. An Affidavit of Common Law Marriage can also be completed and recorded with the county clerk, although it is not considered definitive proof.
It is worth noting that while documentation can be essential, it might not always be sufficient on its own. Verbal statements, conduct, and witness testimony may also be necessary to manifest the mutual intent to be married. In the end, there is no single fact or piece of evidence that will prove or disprove a common-law marriage. Instead, the court will consider all the evidence together to make a determination.
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Cohabitation
In Colorado, a common-law marriage is an alternative to a ceremonial marriage. It is a way for couples to be just as married without going through a traditional marriage process. To prove a common-law marriage in Colorado, there are two key elements that must be demonstrated: mutual agreement and open assumption of a marital relationship.
Firstly, there must be a mutual consent or agreement between the couple to be married. This means that both parties have consented and agreed to enter into a marital relationship, intending to share a life together as spouses in a committed, intimate relationship of mutual support and obligation. This agreement is crucial, and without it, cohabitation alone does not constitute a common-law marriage.
Secondly, the couple must openly assume a marital relationship. This involves holding themselves out as married in their community and to their friends, family, and acquaintances. They should avoid sending mixed messages about their marital status and ensure that those around them are fully aware of their assumption of being married. This can include referring to each other as "husband," "wife," or "spouse" in public and private contexts.
To further support the claim of a common-law marriage, various types of documentation and evidence can be presented. These include mail, bills, lease agreements, property deeds, joint finances, insurance forms, tax returns, and even greeting cards addressed to each partner at the same shared residence. Witness testimony can also be introduced during a hearing to prove the existence of a common-law marriage.
It is important to note that there is no minimum time requirement for cohabitation in Colorado. A common-law marriage can be established regardless of the duration of cohabitation, as long as the other elements of a common-law marriage are present. Additionally, same-sex common-law marriages are recognized in Colorado under state and federal law.
If there is a dispute regarding a common-law marriage, the probate court may hold an evidentiary hearing where both parties can testify, call witnesses, and present evidence to support their claim. Ultimately, it is up to the court to consider all the evidence and make a decision regarding the existence of a common-law marriage.
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Holding yourself out as married
To prove this assumption, evidence of public declarations about your marital status may be considered. This includes how you refer to each other in public and in private communications. For example, calling each other husband, wife, or spouse can be used as evidence of a common-law marriage. Similarly, referring to each other as boyfriend or girlfriend may suggest that a common-law marriage does not exist.
Documentation can also be used as evidence to prove or disprove a common-law marriage. This includes mail, bills, lease agreements, property deeds, tax returns, insurance forms, and greeting cards. For instance, having mail and bills addressed to each partner at the same address can demonstrate a shared residence.
Additionally, filing taxes jointly as a married couple can be considered evidence of a common-law marriage. However, if a couple files taxes jointly when they should have filed separately, it may be considered tax fraud.
It is important to note that there is no single fact or piece of documentation that definitively proves or disproves a common-law marriage. Instead, the court will consider all the evidence together to make a determination.
If there is a dispute about a common-law marriage, it will likely be addressed in court, where each spouse will have the opportunity to testify, call witnesses, and present evidence. In Colorado, the determination of a common-law marriage is based on issues of fact and credibility, and there are no specific time requirements for a common-law marriage to be valid.
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Witness testimony and documents
In the event of a dispute, a probate court may hold an evidentiary hearing where witnesses can be called and evidence presented. The court will consider various types of evidence, including public declarations of marital status, and references to one another as "husband" or "wife". Written statements are generally considered less credible unless the individual testifying is available for cross-examination.
Documents that can be used as evidence include mail and bills addressed to each partner at the same address, lease agreements, property deeds, tax returns, insurance forms, and greeting cards. An Affidavit of Common Law Marriage can be completed and submitted to the county clerk's office, but it is not considered definitive proof.
It is important to note that simply cohabiting for a certain period does not establish a common-law marriage. The duration of cohabitation is less significant than clear signs of a mutual agreement to share a spousal life. Additionally, both parties must be free to contract a valid ceremonial marriage, be at least 18 years old, and not be related by blood.
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Court hearing
If there is a dispute over a common-law marriage in Colorado, a court hearing will likely be held. The court will consider all the evidence together, and there is no single element that will prove or disprove a common-law marriage.
The two key elements that need to be proven in court are:
- Mutual consent or agreement of the parties to be married
- Mutual and open assumption of a marital relationship
Evidence that can be used to prove these elements include:
- Witness testimony
- Documents such as mail, bills, lease agreements, property deeds, tax returns, insurance forms, and greeting cards
- Verbal statements
- Conduct
It is important to note that documentation alone may not always be enough if it does not show an intent to live as spouses. Additionally, cohabitation is not a requirement for common-law marriage, and living together for any duration is insufficient without clear signs of mutual agreement to share a spousal life.
If there is a disagreement about a common-law marriage that affects inheritance or probate issues, this will be addressed in probate court. The probate court may hold an evidentiary hearing where witnesses can be called, and evidence can be presented.
In Colorado, a common-law marriage is ended through divorce, the same process as for a statutory marriage.
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Frequently asked questions
To prove a common-law marriage in Colorado, you must meet the following criteria:
- Both parties must be free to marry (i.e., not already married or related by blood).
- Both parties must be at least 18 years old.
- Cohabitation is not required, but if the couple lives together, it must be demonstrated that there was an intention to share a spousal life.
- There must be a mutual agreement to be married.
- The couple must hold themselves out as married to the community.
If you need to prove a common-law marriage in court, an attorney can help you prepare your case and guide you on the necessary documents and evidence.
The following documents can be used as evidence to prove a common-law marriage in Colorado:
- Mail and bills addressed to each partner at the same address.
- Lease agreements and property deeds.
- Evidence of joint finances and property ownership.
- Tax returns and insurance forms.
- Greeting cards, especially if one partner refers to the other as "husband" or "wife".
- An Affidavit of Common Law Marriage, although this is not considered conclusive proof.
If your common-law spouse dies without a will, you are normally entitled to inheritance benefits under state law, as well as other death benefits such as pension payments. However, it is important to note that having a will can help reduce the chances of disputes arising, especially if your spouse's other relatives claim that your common-law marriage did not exist.
