Cecily Zamora
Common law marriage is a legally recognised form of marriage in Colorado, provided that specific criteria are met. It is a confusing topic for many, as there are many rumours and stories about what constitutes a common-law marriage. For example, simply living together for a certain period does not create a common-law marriage. To prove a common-law marriage in Colorado, the two elements necessary are mutual consent or agreement of the parties and a mutual and open assumption of a marital relationship. Evidence of a common-law marriage can include joint financial accounts, shared property ownership, using the same last name, wearing wedding rings, referring to each other as spouses, and affidavits from friends and family.
| Characteristics | Values |
|---|---|
| Recognition | Common-law marriage is a legally recognised form of marriage in Colorado. |
| Legal Requirements | Both parties must be at least 18 years old, legally free to marry (i.e., not currently married), and must mutually agree to be married. |
| Proof | Evidence can include cohabitation, joint financial accounts, shared property ownership, using the same last name, wearing wedding rings, referring to each other as spouses, and affidavits from friends and family. |
| Termination | Common-law marriage can only be terminated by death or divorce, the same as a statutory marriage. |
| Misconceptions | Simply living together for a certain period does not create a common-law marriage. There is no time requirement for a common-law marriage to be recognised. |
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What You'll Learn
Cohabitation
In addition to cohabitation, there are two other requirements for a common-law marriage in Colorado. Firstly, both parties must mutually agree to be married and consent to enter into the legal and social institution of marriage. This agreement is the first requirement of a common-law marriage, and without it, a couple is not considered married. Secondly, both parties must act like a married couple, holding themselves out to the public as husband and wife. This can include referring to each other as husband and wife, wearing wedding rings, using the same last name, and sharing a joint bank account.
If there is a dispute about a common-law marriage, it will need to be addressed in probate court, where the couple will be able to present evidence and testify. The court will consider all the evidence together, and there is no single element that will prove or disprove a common-law marriage. Evidence of a common-law marriage can include witness testimony, documents, joint financial accounts, shared property ownership, and affidavits from friends and family members attesting to the couple's reputation as married. It is important to note that an affidavit of common-law marriage is just another piece of evidence for courts to consider and may not be sufficient on its own to prove a marriage.
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Mutual consent to be married
Colorado is one of the few states that still recognises common law marriage. However, it is also one of the most misunderstood legal topics in the state. Many people believe that living together for a certain period of time automatically qualifies as a common law marriage. This is not the case. While cohabitation is a relevant factor, there is no specific duration required.
It's important to note that simply signing an affidavit of common law marriage may not be sufficient to prove a marriage. This is because a couple may have ulterior motives for signing such a document, such as obtaining medical care or defrauding an insurer. Therefore, it is just one piece of evidence for courts to consider when determining whether a common law marriage exists.
If there is a dispute about a common law marriage, the court will consider all the evidence together. This may include witness testimony, documents, and other types of evidence, such as the couple's references to each other. There is no single fact that proves or disproves a common law marriage.
To summarise, mutual consent to be married is a crucial aspect of a common law marriage in Colorado. This means that both parties must agree to enter into a marital relationship and demonstrate that agreement through their conduct. However, it is important to provide additional evidence beyond just an affidavit to prove the existence of a common law marriage in court.
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Acting like a married couple
This can include referring to each other as spouses, using the same last name, and wearing wedding rings. Affidavits from friends and family members can also be used to establish a couple's reputation as being married. Other examples of evidence that can be used to prove a common-law marriage include joint financial accounts, shared property ownership, registration as a married couple on applications, leases, contracts, and other official documents.
It is important to note that simply living together is not enough to establish a common-law marriage in Colorado. The couple must demonstrate that they have a mutual agreement or consent to enter into a legal and social institution of marriage, followed by conduct that demonstrates this agreement.
In the case of a dispute, documentary evidence may be considered more compelling than 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 between a couple who lived together, ran a business together, and referred to each other as husband and wife to friends and coworkers. The court found that the couple's individual tax returns and insurance claims, which listed them as single, trumped the witness testimony.
Therefore, while acting like a married couple is an important factor in proving a common-law marriage in Colorado, it should be supported by other forms of evidence to ensure a successful claim.
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Documentary evidence
Colorado is one of the few states that recognizes common-law marriages. However, it is a confusing topic because of the many misconceptions about what constitutes a common-law marriage. For instance, many people believe that living together for a certain period of time automatically results in a common-law marriage. This is not true. While cohabitation is a factor in determining a common-law marriage, it is not a requirement, and there is no specific duration for cohabitation.
A common-law marriage in Colorado is a marriage that is recognized by a court, even though the spouses may not have complied with the requirements of a statutory marriage, such as obtaining a marriage license. To be considered a common-law marriage in Colorado, the following conditions must be met:
- Both parties must be at least 18 years old.
- Both parties must be legally free to marry (i.e., not currently married to someone else).
- The couple must cohabitate (live together).
- The couple must mutually agree to be married.
- The couple must hold themselves out as married.
If there is a dispute about a common-law marriage, documentary evidence is crucial. Here are some examples of documentary evidence that can be used to prove a common-law marriage in Colorado:
- Joint financial accounts: Maintaining a joint checking and/or savings account can be evidence of a common-law marriage.
- Shared property ownership: Owning property together can indicate a mutual assumption of a marital relationship.
- Use of the same last name: A woman taking the man's last name can be a sign of a common-law marriage.
- Wearing wedding rings: The exchange and wearing of wedding rings can symbolize a mutual agreement to be married.
- Referring to each other as spouses: Calling each other husband/wife or referring to themselves as married to others can be evidence of a common-law marriage.
- Joint tax returns: Filing joint tax returns can demonstrate that the couple holds themselves out as married.
- Affidavits: While an affidavit of common-law marriage is not required, it can be another piece of evidence for courts to consider. Affidavits from friends and family members can also attest to the couple's reputation as being married.
- Registration as husband and wife: Being registered as husband and wife on applications, leases, contracts, registers, etc. can be documentary evidence of a common-law marriage.
It is important to note that there is no single piece of evidence that will prove or disprove a common-law marriage. The court will consider all the evidence together to determine if a common-law marriage exists.
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Witness testimony
To prove a common-law marriage in Colorado, two elements are necessary:
- Mutual consent or agreement of the parties to be married
- Mutual and open assumption of a marital relationship
In addition to witness testimony, other forms of evidence can be used to prove a common-law marriage, including documents such as joint tax returns, joint financial accounts, and registration as husband and wife on applications, leases, or contracts. Affidavits from friends and family members can also be used to establish the couple's reputation as being married.
However, it is important to note that witness testimony may not always be sufficient on its own to prove a common-law marriage. In some cases, documentary evidence may be given more weight, especially if it contradicts the witness testimony. For example, in the case of Little v. Little, the couple lived together, ran a business together, and referred to each other as husband and wife to friends and coworkers. However, they filed individual tax returns and claimed to be single for insurance and Medicaid purposes. The court found that these documents trumped the witness testimony, and determined that there was no common-law marriage.
Therefore, while witness testimony can be a valuable tool in proving a common-law marriage in Colorado, it is important to also have supporting documentary evidence to strengthen the case.
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