Common law marriage is a legal concept recognized by many states, including Colorado. It refers to a situation where two people live together as a married couple without obtaining a marriage license or going through any formal ceremony. In Colorado, common law marriage is considered just as legally binding as a traditional marriage. This means that if you and your partner meet certain criteria, you could be considered married in the eyes of the law without even realizing it.
For some couples, this may not be a problem. However, for others, particularly those who do not wish to be legally bound to their partner, avoiding common law marriage is essential. Here’s what you need to know about how to avoid common law marriage in Colorado:
Understanding the Legal Requirements
To avoid common law marriage in Colorado, it’s important to first understand the legal requirements for establishing one. According to Colorado law, a common law marriage is created when:
1. The couple lives together with the intention of being married
2. The couple holds themselves out to the public as married (for example, by using the same last name, referring to each other as spouses, or filing joint tax returns)
3. The couple has mutual consent and agreement to enter into a marital relationship
If all three of these criteria are met, then a common law marriage is established, and the couple is considered legally married. Therefore, to avoid common law marriage, you must take steps to avoid meeting these criteria.
Best Practices for Avoiding Common Law Marriage
Here are some best practices for avoiding common law marriage in Colorado:
Avoid holding yourselves out as married:
One of the key factors in establishing a common law marriage is holding yourselves out to the public as married. This can include using the same last name, referring to each other as spouses, or filing joint tax returns. To avoid meeting this criterion, it’s important to be clear that you are not married and not to engage in any behavior that could be construed as holding yourselves out as such.
Keep your finances separate:
Another factor that can contribute to the establishment of a common law marriage is commingling your finances. This can include sharing bank accounts, credit cards, or other financial assets. To avoid this, keep your finances separate and maintain individual accounts.
Do not sign documents as spouses:
If you are not legally married, do not sign any documents that refer to you as spouses. This can include lease agreements, loan documents, or any other legal paperwork. Instead, make sure that any documentation accurately reflects your relationship status.
Be clear about your intentions:
To establish a common law marriage, the couple must intend to be married. Therefore, if you do not want to be considered married, it’s important to be clear with your partner about your intentions. Make sure that you both understand that you are not entering into a marital relationship and that you do not intend to be considered married under Colorado law.
Consider a cohabitation agreement:
If you are living with your partner but do not wish to be considered married, consider creating a cohabitation agreement. This is a legal document that outlines the terms of your living arrangement, including financial responsibilities, property ownership, and more. A cohabitation agreement can help ensure that there is no confusion about your relationship status and can provide added protection in case of a dispute.
Additional Tips for Avoiding Common Law Marriage
Here are some additional tips to consider when trying to avoid common law marriage in Colorado:
Avoid public displays of affection:
While it may seem harmless, public displays of affection can create the impression that you are married or engaged. To avoid any confusion or misunderstanding, it’s best to keep things low-key when out in public.
Keep your personal lives separate:
To avoid meeting one of the criteria for a common law marriage (intention to be married), it’s important to maintain separate personal lives. This means having your own social circles, hobbies, and interests outside of your relationship.
Don’t attend events as a couple:
Attending weddings, family gatherings, or other events as a couple could create the impression that you are married or engaged. It’s best to go to these events separately or together as friends.
Don’t wear wedding rings:
Wearing wedding rings is a clear sign that you are married, even if you haven’t gone through a formal ceremony. To avoid any confusion, it’s best not to wear any type of ring on your left-hand ring finger.
Consider a prenuptial agreement:
If you do eventually decide to get married, a prenuptial agreement can help protect your assets and clarify your financial responsibilities. This legal document outlines how you will divide property and assets in case of divorce or separation.
Why You Should Avoid Common Law Marriage
While some couples may choose to live together as if they were married without getting legally married, there are risks involved with common law marriage. For example, if you meet the legal requirements for a common law marriage in Colorado, you may be entitled to property rights, alimony, child support, and more if the relationship ends. Even if you didn’t intend to create a legal marriage, a court could still find that you are legally married and enforce these rights and obligations.
By taking steps to avoid common law marriage, you can protect your rights and ensure that you have control over your own life and assets. Additionally, avoiding common law marriage can help prevent confusion or misunderstandings about your relationship status and make it easier to move on if the relationship ends.
Conclusion
While common law marriage is recognized in Colorado, it is possible to avoid creating a legal marriage without realizing it. By understanding the legal requirements for common law marriage and following best practices for avoiding them, you can protect your rights and ensure that you are not legally bound to your partner without your knowledge or consent. Whether you’re in a long-term committed relationship or just starting out, taking steps to avoid common law marriage can provide peace of mind and help ensure that you’re in control of your own life and assets.