Cecily Zamora
Common-law marriage has existed for over 150 years in the United States, and Colorado is one of the few states that recognize it. 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. However, simply living together does not constitute a common-law marriage, and the burden of proof falls on the couple. This proof can include various documents such as lease agreements, tax returns, insurance forms, and greeting cards. If a common-law marriage is disputed, a court will hold a hearing to determine its validity, and if it is found to be valid, the couple will have the same legal rights and duties as any married couple. This article will explore the topic of common-law marriage in Colorado, including the requirements, proof, and legal recognition.
| Characteristics | Values |
|---|---|
| Recognition | Colorado is one of the few remaining states that recognize common-law marriage. |
| Legal Rights | Common-law spouses have the same inheritance rights as spouses married by marriage license. |
| Requirements | Both parties must be free to contract a valid ceremonial marriage, i.e., they are not already married to someone else, they are not related by blood, and they are both over 18. |
| Mutual Agreement | Both parties must agree to be married and present themselves as a married couple to their community. |
| Evidence | Evidence to establish a common-law marriage should be clear, consistent, and convincing. Examples include joint finances, shared residence, and referring to each other as "husband" or "wife." |
| Affidavit | An affidavit of common-law marriage is not required and may not be sufficient to prove a marriage. It is just another piece of evidence for courts to consider. |
| Divorce | Common-law marriages can be dissolved through divorce proceedings, and the property and debts acquired during the marriage will be divided by the court. |
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What You'll Learn
Mutual agreement to be married
Colorado is one of the few states that recognize common-law marriage. A common-law marriage is a marriage without a formal ceremony and marriage license. It is formed when both parties mutually agree to live as a married couple.
To be considered common-law married, both partners must be free to contract a valid ceremonial marriage, i.e., they are not already married to someone else, they are not related by blood, and they are both over the age of 18.
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." This means that both parties must agree to be married and then act like a married couple. This can include living together, filing taxes jointly, sharing finances and property ownership, and referring to each other as "husband" or "wife."
If there is a dispute about whether a common-law marriage existed, the court will hold a hearing to determine the facts and credibility of the evidence presented. The burden of proof falls on the couple claiming to be common-law married. Judges scrutinize self-serving common-law marriage claims carefully and require compelling evidence to find that a relationship is actually a common-law marriage.
It is important to note that simply living together does not constitute a common-law marriage, even if the couple has been together for a long time. The amount of time a couple has been together is not a factor in determining a common-law marriage in Colorado.
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Marital conduct and assumption
The Colorado Supreme Court has clarified that a common-law marriage can be established through the mutual consent of the couple to enter into a marital relationship, followed by conduct that demonstrates this agreement. This conduct can include living together, sharing finances, owning property together, and presenting themselves as a married couple to their community.
In the case of In re: Estate of Yudkin, the couple lived together, ran a business together, and referred to each other as husband and wife to friends and co-workers. However, the court found that this was not sufficient evidence of a common-law marriage, as one party's self-serving testimony about their intention to be married is not enough to prove a common-law marriage.
To prove a common-law marriage in Colorado, the couple must meet certain criteria and provide evidence of their mutual agreement and assumption of a marital relationship. This evidence can include lease agreements, property deeds, joint finances, tax returns, insurance forms, and even greeting cards addressed to each other as "wife" or "husband".
It is important to note that simply living together is not enough to establish a common-law marriage, even if the couple has lived together for a long time. The key is whether there is clear evidence of a mutual agreement to share a spousal life. Additionally, common-law marriages cannot be established if the marriage is otherwise prohibited under Colorado law, such as if one of the parties is already married or if the parties are related by blood.
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Evidence of common law marriage
Colorado is one of the few states that recognize common-law marriage. While no licenses, ceremonies, or documents are needed to establish its validity, a couple may need to prove their common-law marriage for various reasons, such as filing for divorce or for tax purposes.
To prove a common-law marriage in Colorado, two key elements are required: mutual agreement and an open assumption of a marital relationship. The couple must mutually agree to live as a married couple and present themselves as such to their community.
- Mail and bills addressed to each partner at the same address to demonstrate shared residence.
- Lease agreements, property deeds, and evidence of joint finances and property ownership.
- Joint tax returns and insurance forms indicating mutual intent to live as married spouses.
- Greeting cards, especially if one partner refers to the other as "my husband" or "my wife."
- Holding themselves out to the public as husband and wife, such as through registration on applications, leases, contracts, etc.
- Use of the same last name by both partners.
- Maintaining a joint checking and/or savings account.
It is important to note that simply living together is not sufficient to establish a common-law marriage. The evidence presented should be clear, consistent, and convincing, and judges scrutinize self-serving common-law marriage claims carefully. While an affidavit of common-law marriage can be filed, it is not a requirement and may not be sufficient on its own to prove the marriage.
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Divorce and common law marriage
Common law marriage in Colorado is more than just living together. It requires cohabitation, an agreement to be married, and holding oneself out as married. This means that both parties must mutually agree to live as a married couple and present themselves as such to their community. There is no requirement for a license, ceremony, or paperwork, but the couple must be free to contract a valid ceremonial marriage, i.e. they are not already married to someone else.
To prove a common-law marriage, one must demonstrate cohabitation and an open assumption of a marital relationship. Indicators of these elements include shared residence, as demonstrated by mail and bills addressed to each partner at the same address, lease agreements, property deeds, joint finances, and property ownership. Tax returns and insurance forms can also prove or disprove mutual intent to live as married spouses. Greeting cards can also help establish a common-law marriage, especially if one partner refers to the other as their spouse.
It is important to note that judges carefully scrutinize self-serving common-law marriage claims and require compelling evidence. While an affidavit of common-law marriage can be used as evidence, it is usually insufficient on its own to prove a marriage. In some cases, the standard for proving a common-law marriage may be relaxed, such as when a couple was previously married and divorced.
Upon separation, a common-law marriage must go through legal divorce proceedings, just like any other marriage. The couple will have to handle issues of alimony, child custody, and support. The definition of a common-law marriage can significantly alter the division of assets, as assets attained during the relationship may be considered marital property and subject to division.
It is important to seek legal advice when dealing with common-law marriage and divorce, as the specific circumstances and requirements may vary.
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Common law marriage recognition
Colorado is one of the few remaining states that recognize common-law marriages. A common-law marriage is a marriage without a formal ceremony and marriage license. It is formed when both parties mutually agree to live as a married couple and present themselves as such to their community.
To prove a common-law marriage, two key elements are required: mutual agreement and an open assumption of a marital relationship. This can be demonstrated through various forms of evidence, such as shared residence, joint finances, and property ownership. Tax returns and insurance forms can also be used as proof, as well as greeting cards, especially if one partner refers to the other as their spouse.
It is important to note that simply living together does not constitute a common-law marriage, even if the couple has been together for decades. The amount of time a couple has been together is not a factor in determining a common-law marriage in Colorado. Additionally, if there is a dispute about the existence of a common-law marriage, the burden of proof falls on the couple, and the court will hold a hearing to determine the validity of the claim.
Common-law marriages are recognized by other states, and common-law spouses have the same inheritance rights as spouses married by a marriage license. However, some institutions may require additional proof, such as joint tax returns or an affidavit swearing that the couple is married, to reduce the risk of fraud.
While common-law marriage provides a convenient alternative to a traditional wedding, it can also lead to uncertainty for cohabitating couples regarding their legal status. It is important to carefully consider all aspects of common-law marriage and seek legal advice if needed to ensure that one's rights and interests are protected.
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Frequently asked questions
A common-law marriage is a marriage without a formal ceremony and marriage license. It is a mutual agreement between two people to live as a married couple.
There are several ways to prove a common-law marriage, including presenting documents such as lease agreements, property deeds, joint finances, insurance forms, and greeting cards. Living together is not enough to prove a common-law marriage.
If there is a dispute, the Court will hold a hearing where both parties can testify, call witnesses, and present evidence.
Common-law spouses have the same inheritance rights as spouses married by marriage license. They also have the right to not testify against their spouse and can file for divorce.
