Gavin Howe
Common-law marriage, also known as informal marriage or marriage without formalities, is a legally recognised union in Colorado. Couples in a common-law marriage have the same rights and responsibilities as those who are ceremonially married. However, the criteria for what constitutes a common-law marriage are often confusing and misunderstood. This paragraph will explore the topic of common-law marriage in Colorado, including the rights, responsibilities, and criteria for this type of union.
| Characteristics | Values |
|---|---|
| Recognition | Common-law marriages are recognized in Colorado. |
| Legal status | Common-law marriages are considered legal unions in Colorado. |
| Criteria | Couples must mutually agree to be married, be at least 18 years old, legally free to marry, cohabitate, and present themselves as married to the public. |
| Evidence | Evidence of common-law marriage includes joint finances, listing each other as spouses on documents, referring to each other as spouses, and shared residence. |
| Rights and benefits | Common-law spouses have the same rights, benefits, and obligations as couples in ceremonial marriages, including property rights, inheritance rights, and medical decision-making. |
| Divorce | Common-law marriages can only be terminated through a formal divorce decree, which includes spousal support, parental responsibilities, child support, debt allocation, and property division. |
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What You'll Learn
Common-law marriage recognition in Colorado
Colorado is one of the few states in the U.S. that recognizes common-law marriages. Common-law marriages are legally recognized in Colorado, and these marriages are considered the same as ceremonial marriages. Common-law spouses have the same rights and obligations as couples in a ceremonial marriage, including property rights, inheritance rights, and the ability to make medical decisions for each other.
For a common-law marriage to be recognized in Colorado, certain criteria must be met. Both parties must be at least 18 years old, legally free to marry (i.e., not currently married to someone else), cohabitating, and must mutually agree to be married. They must also hold themselves out to the public as a married couple. This can include referring to each other as spouses in public and on legal documents, filing taxes jointly, and having joint finances.
It can be challenging to prove a common-law marriage, as much of the proof is based on each person's intent in the relationship. There is no specific time requirement for cohabitation, but the couple must demonstrate that they have lived together in a marital-like relationship. If a common-law marriage is established, it can only be terminated through a formal divorce, as there is no provision for a "common-law" divorce in Colorado.
Couples considering a common-law marriage in Colorado should understand the legal requirements and implications and may seek legal advice from a qualified family law attorney to protect their rights and ensure their relationship is recognized.
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Rights and responsibilities of common-law spouses
Colorado is one of the few states in the US that recognizes common-law marriages. A couple is considered common-law married if they mutually consider themselves as married and present themselves to the community as a married couple. Both parties must be over the age of 18 and cannot already be married to someone else. Simply living together does not establish a common-law marriage, and there is no standard time period that a couple must live together to qualify as common-law married.
Common-law spouses in Colorado have the same rights and responsibilities as couples who are ceremonially married. They enjoy the same spousal rights, protections, and benefits under Colorado law, such as the right to survivor benefits and spousal hospital visitation. They also have the same obligations as ceremonial couples, such as the division of assets and debt allocation.
In the case of a dispute, common-law spouses may have to prove their marriage in court. Evidence that can be used to demonstrate a common-law marriage includes joint finances, listing each other as spouses on insurance and other benefit forms, and regularly referring to each other as spouses in public. If one spouse was receiving alimony payments from a previous marriage, their former spouse's obligation to make support payments typically ends.
Colorado views property as common-law property, meaning there is no automatic assumption that property belongs to both parties in a marriage. In the event of a divorce, property is divided through a process called "equitable distribution," resulting in an equal split. Common-law spouses can also file jointly on tax returns, allowing them to receive the same tax breaks as couples with an official marriage license.
It is important to note that there is no provision for a "common-law divorce" in Colorado. If a common-law marriage needs to be dissolved, it requires a formal legal action, similar to a ceremonial marriage. This includes obtaining a decree of dissolution of marriage through the courts, which addresses spousal support, parental responsibilities, child support, debt allocation, property division, and other legal matters.
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Proving a common-law marriage
Colorado is one of the few states in the U.S. that recognizes common-law marriages. However, proving a common-law marriage can be challenging since there is usually no legal marriage certificate or formal marriage ceremony.
A common-law marriage in Colorado is established when a couple:
- Mutually consents or agrees to be married
- Are free to enter into a marriage (i.e., neither person can already be legally married to someone else)
- Are of legal age (18)
- Cohabitate
- Hold themselves out to the public as a married couple
Evidence of a common-law marriage may include:
- Joint finances, such as joint credit cards, debts, bank accounts, or filing taxes jointly
- Listing each other as "spouse" on insurance, estate documents, pension plans, and other benefit forms
- Regularly referring to each other as "spouse," "husband," or "wife" in public
- Registration as husband and wife on applications, leases, contracts, registers, etc.
If a common-law marriage is in dispute, the court will consider all the evidence together. There is no single element that will prove or disprove a common-law marriage.
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Common-law marriage termination
Common-law marriage in Colorado is a confusing topic for many because of how many misconceptions there are about what constitutes a common-law marriage. For example, many people believe that "if we live together for two years, we must be common-law married," but this is not the case. While cohabitation is a relevant factor in determining whether there is a common-law marriage, it is not a requirement, and there is no standard amount of time a couple must cohabit to qualify as common-law married.
In Colorado, a common-law marriage is established by the mutual consent or agreement of the parties to be husband and wife, followed by a mutual and open assumption of a marital relationship. This means that both parties must consent to being committed to one another and have a "mutual and open assumption" that they are conducting themselves as a married couple. 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.
Because of the ambiguous nature of common-law marriages, it can be challenging to prove that a couple is in a common-law marriage. However, there are several pieces of evidence that a person can use to demonstrate that a common-law marriage exists, such as joint finances, listing each other as "spouse" on insurance and other documents, and regularly referring to each other as "spouse" in public.
If a common-law marriage is established, it is treated by the courts in exactly the same way as a statutory marriage. This means that the only way to terminate a common-law marriage is through a formal divorce decree or decree of dissolution of marriage through the courts, which includes directives on spousal support, parental responsibilities, child support, debt allocation, property division, and other legal matters. It is not possible to simply walk away from a common-law marriage and assume that it is over without undergoing a divorce, as this may lead to legal issues in the future, such as if one attempts to marry someone else.
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Common misconceptions about common-law marriage
Common-law marriage is recognised in Colorado, but it is a confusing topic for many, and there are several misconceptions surrounding it. Here are some common misconceptions about common-law marriage:
Misconception: Common-Law Marriage is a Myth
Despite what some sources claim, common-law marriage is not a myth. Colorado is one of the few states in the US that recognises common-law marriages. However, it is important to note that common-law marriage is not recognised in most states.
Misconception: Cohabitation Alone Constitutes a Common-Law Marriage
Simply living together does not establish a common-law marriage. While cohabitation is one of the essential elements of a common-law marriage, there must also be "holding out". "Holding out" means the couple's actions and behaviour indicate to the world that they are married. For example, they may refer to each other as "spouse", "husband", or "wife" in public and on documents.
Misconception: There is an Automatic Common-Law Marriage After Seven Years
The idea that a couple automatically enters into a common-law marriage after living together for seven years is a myth. There is no standard amount of time a couple must live together to qualify as common-law married. The determination of whether a common-law marriage exists is based on the couple's intent and actions, not solely on the duration of their relationship.
Misconception: Common-Law Marriage is Different from a Ceremonial Marriage
In Colorado, a common-law marriage is the same as a ceremonial marriage. Couples in a common-law marriage hold the same rights, protections, benefits, obligations, and responsibilities as couples who are married in a formal ceremony. If a common-law marriage ends, it must be terminated through a formal divorce process, just like a ceremonial marriage.
Misconception: Common-Law Marriage is Easy to Prove
Because common-law marriages lack formal documentation, such as a marriage certificate, it can be challenging to prove. The burden of proof falls on each person's intent and actions within the relationship. Evidence that may be used to demonstrate a common-law marriage includes joint finances, listing each other as spouses on documents, and publicly presenting themselves as a married couple.
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Frequently asked questions
Common-law marriage is a legal concept that allows couples to be considered married without having formally registered their union with the state. In Colorado, a common-law marriage is recognised as a legal union between two individuals who meet specific criteria without obtaining a formal marriage license or ceremony.
The criteria for a common-law marriage in Colorado include: both parties must be at least 18 years old, both parties must be legally free to marry, the couple must cohabitate, the couple must mutually agree to be married and the couple must hold themselves out to the public as married.
This can include referring to each other as husband or wife, using the same last name, listing each other as spouses on insurance or other legal documents, or filing joint tax returns. Other indicators include joint finances, shared bills and shared residence.
Common-law spouses in Colorado have the same rights and obligations as couples in a ceremonial marriage, including property rights, inheritance rights, and the ability to make medical decisions for each other.
A common-law marriage is the same as a ceremonial marriage in Colorado, so it must be formally ended through a divorce. This requires a formal divorce decree or decree of dissolution of marriage through the courts, which includes directives on spousal support, parental responsibilities, child support, debt allocation, property division, and other legal matters.
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