Kara Sears
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 goes through a ceremony. To avoid a common-law marriage in Colorado, it is important to understand the requirements for such a marriage to exist. Firstly, there must be cohabitation, or living together. However, simply living together is not enough to establish a common-law marriage, and there is no specific duration of cohabitation required. The second requirement is an agreement between both parties to be married, which can be express or implied. This is followed by a mutual and open assumption of a marital relationship, where the couple acts as if they are married. This can include factors such as filing joint tax returns, using the same last name, and listing each other as spouses on legal documents. To avoid a common-law marriage, it is recommended to have clear written agreements, such as cohabitation contracts, keep finances and property separate, and correct any public records listing the couple as spouses. Consulting with a family law attorney can also help clarify rights and obligations and provide guidance on protective contracts.
| Characteristics | Values |
|---|---|
| Mutual consent or agreement to be married | Required |
| Mutual and open assumption of a marital relationship | Required |
| Cohabitation | Required |
| Holding yourself out as married | Avoid |
| Filing joint tax returns | Avoid |
| Using the same last name | Avoid |
| Listing each other as spouses on legal documents | Avoid |
| Signing an affidavit of common-law marriage | Avoid |
| Referring to each other as "husband", "wife" or "spouse" | Avoid |
| Having a written agreement before moving in together | Recommended |
| Consulting with a family law attorney | Recommended |
| Having clear written agreements like cohabitation contracts | Recommended |
| Keeping finances and property separate | Recommended |
| Correcting any public records listing you as spouses | Recommended |
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What You'll Learn
Avoid cohabitation
In Colorado, a common-law marriage is established when there is a mutual consent or agreement between the parties to be husband and wife, followed by a mutual and open assumption of a marital relationship. While cohabitation is a relevant factor in determining whether there is a common-law marriage, it is not a requirement. However, if you are cohabiting, it is important to take proactive steps to avoid any misunderstandings or unintended consequences. Here are some key strategies to avoid cohabitation as a factor in common-law marriage:
Have Clear Written Agreements:
Before moving in together, consider having a written agreement or cohabitation contract that outlines your intentions about the relationship. This can include stating in writing that your intention is not to be married and that you are just long-term partners or roommates. Such an agreement can protect you from any assumptions or misunderstandings about the nature of your relationship.
Keep Finances and Property Separate:
Maintain separate finances and property ownership. Avoid joint bank accounts, credit cards, or any financial documents that link you as a couple. Keep your finances and property separate to avoid any implications of financial interdependence, which could be considered a factor in a common-law marriage.
Correct Public Records:
Ensure that any public records or legal documents do not list you as spouses. This includes correcting any mistakes on official forms or tax returns, insurance documents, or other records that could imply a marital relationship.
Avoid Marital References:
Do not refer to each other as "husband", "wife", or "spouse", even in jest. Avoid introducing your partner as your spouse in social settings or to family and friends. Consistently presenting yourselves as unmarried to the community is crucial in avoiding any assumptions of a common-law marriage.
Consult a Family Law Attorney:
Seek legal advice from a family law attorney who can guide you through the complexities of common-law marriage in Colorado. They can help clarify your rights, draft protective contracts, and provide tailored recommendations to safeguard your interests in the event of a relationship ending.
By taking these proactive steps, you can enjoy living together without worrying about unintentionally creating a common-law marriage in Colorado.
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Don't refer to each other as spouses
In Colorado, common-law marriage is a confusing topic due to the many misconceptions about what constitutes such a marriage. A common-law marriage is a legally recognised marriage without a marriage license. Colorado is one of the few states that recognises common-law marriage.
To avoid being accidentally considered common-law married, it is important to not refer to each other as spouses. This is because the court will consider the couple's references to or labels for one another when determining whether a common-law marriage exists. For example, calling each other husband, wife, or spouse, or introducing yourselves as Mr and Mrs, can be considered being married in Colorado. Even if you are joking, your partner or others may not perceive it as such.
To further avoid being considered common-law married, it is important to understand that a common-law marriage is established by the mutual consent or agreement of the parties to be married, followed by a mutual and open assumption of a marital relationship. This means that both parties must intend to be married and act like a married couple. Therefore, it is crucial to keep finances and property separate and correct any public records listing you as spouses.
Additionally, consulting with a family law attorney can help clarify rights and obligations, as well as draft protective contracts and provide guidance if the relationship ends. Written agreements, such as cohabitation contracts, are also recommended to outline each partner's responsibilities and protect their interests.
It is important to note that simply living together is not enough to establish a common-law marriage. There must be an agreement to be married and both parties must act like a married couple.
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Keep finances separate
Keeping finances separate is a crucial step in avoiding a common-law marriage in Colorado. While cohabitation is a factor in determining a common-law marriage, it alone does not establish one. The key is to avoid behaving as if you are married.
In Colorado, a common-law marriage is established when there is a mutual consent or agreement between two people to be married, followed by conduct that demonstrates this agreement. This includes sharing finances, such as bank accounts and credit cards. Therefore, to avoid a common-law marriage, it is essential that couples keep their finances separate.
- Maintain separate bank accounts and do not open joint accounts.
- Avoid sharing credit cards or taking out joint loans.
- Do not file joint tax returns or claim marital status on tax forms.
- Keep property ownership separate, and do not co-mingle assets.
- Refrain from obtaining health insurance or other benefits as a couple.
By taking these proactive steps, you can help safeguard your financial independence and avoid unintentionally entering into a common-law marriage. It is also important to understand that even if you take these steps, living together and presenting as a married couple to the public may still be considered factors in establishing a common-law marriage. As such, it is always a good idea to consult with a family law attorney to understand your specific situation and rights.
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Correct public records listing you as spouses
In Colorado, common-law marriage is a valid way to enter into a marriage—an alternative to a ceremonial marriage. A couple can be considered common-law married when they agree to be married and then act like a married couple. This means that living together for a certain period of time is not sufficient to create a common-law marriage. However, cohabitation is a relevant factor in determining whether a common-law marriage exists, and there is no specific duration required.
To avoid common-law marriage in Colorado, it is important to take proactive steps and understand the legal implications of cohabitation. Here are some key strategies to avoid being considered common-law spouses in public records:
- Keep finances and property separate: Avoid filing joint tax returns, sharing bank accounts or credit cards, or taking on joint debt.
- Avoid using the same last name.
- Do not list each other as spouses on legal documents.
- Correct any public records that mistakenly list you as spouses: Contact the relevant authorities and take the necessary steps to amend any incorrect information. This may include providing proof of your marital status and filling out the necessary paperwork.
- Put your intentions in writing: Create clear written agreements, such as cohabitation contracts, that outline your intentions about the relationship and your understanding of cohabitation. These contracts can help protect your interests if the relationship ends.
- Consult with a family law attorney: An experienced lawyer can help you understand your rights and obligations, draft protective contracts, and provide guidance on safeguarding your future. They can also assist in gathering evidence to establish or dispute a common-law marriage.
It is important to note that if there is a dispute over whether a common-law marriage exists, the court will examine the couple's behavior and intentions. Factors such as joint finances, using the same last name, and listing each other as spouses on legal documents can support the claim of a marital relationship. Therefore, it is crucial to take proactive steps to avoid any unintended common-law marriage implications.
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Have a written agreement
In Colorado, a common-law marriage is a valid form of marriage. It is a way of entering into a marriage without a ceremony or marriage license. However, couples can take steps to avoid accidentally entering into a common-law marriage. One of the most important strategies is to have a clear written agreement or cohabitation contract.
Written agreements are crucial when living with a partner in Colorado. It is recommended to put in writing the intentions about the relationship to avoid assumptions of a common-law marriage. This can include stating that the intention is not to be married and that both parties agree to this. While this may not seem very romantic, it is a way to protect yourself and your assets.
These written agreements can outline each partner's responsibilities and protect their interests if the relationship ends. They can also help to keep finances and property separate, which is important as sharing finances and property can be considered an indicator of a common-law marriage.
It is also important to understand the legal implications of cohabitation and to be aware of the factors that courts consider when determining a common-law marriage. These factors include cohabitation, holding yourself out as married, joint finances, filing joint tax returns, using the same last name, and listing each other as spouses on legal documents.
By having a clear written agreement and understanding the legal implications of cohabitation, couples can avoid any unintended assumptions of a common-law marriage in Colorado.
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Frequently asked questions
To avoid common law marriage in Colorado, it is important to understand the requirements for such a marriage to exist. 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". In other words, both parties must agree to be married and then act like a married couple. Therefore, to avoid common law marriage, simply do not agree to be married and avoid acting like a married couple. This includes avoiding cohabitation, referring to each other as "husband", "wife" or "spouse", and signing any legal documents listing each other as spouses.
Examples of acting like a married couple include filing joint tax returns, using the same last name, listing each other as spouses on legal documents, getting a credit card together, and getting health insurance together.
It is recommended to have a clear written agreement before moving in together, stating that your intention is not to be married. Consulting with a family law attorney can also help clarify your rights and obligations, and they can draft protective contracts to safeguard your interests.
