In Colorado, couples who have lived together for a certain period of time may be recognized as “common law married” under state law. This designation can have significant legal implications, including property rights, inheritance, and spousal support. However, many people are unsure about what exactly constitutes a common law marriage in Colorado. In this article, we will explore the requirements for common law marriage in Colorado and explain how you can protect your rights if you believe you are in a common law marriage.
What is Common Law Marriage?
Common law marriage is a legal recognition of an informal marriage that arises from cohabitation, mutual agreement, and public declaration of the relationship. It is important to note that common law marriage is not recognized in all states, and each state has its own requirements for what constitutes a common law marriage.
Requirements for Common Law Marriage in Colorado:
In Colorado, there are three main requirements for a common law marriage to be recognized:
- Cohabitation: The couple must have lived together continuously as husband and wife.
- Mutual Agreement: The couple must have agreed to be married and held themselves out publicly as married. This can include using the same last name, referring to each other as spouses, or filing joint tax returns.
- Capacity to Marry: Both parties must be legally able to enter into a marriage contract. This means they must be of age, not already married, and not closely related by blood.
How is Common Law Marriage Proven in Colorado?
If a couple meets the requirements for common law marriage in Colorado, they are considered legally married. However, proving the existence of a common law marriage can be difficult, especially if the couple separates or one spouse dies. To prove a common law marriage in Colorado, a court may consider several factors:
- Cohabitation: Evidence of continuous cohabitation, such as shared living expenses or joint ownership of property, can support a claim for common law marriage.
- Mutual Agreement: Evidence of a mutual agreement to be married, such as witnesses who heard the couple refer to each other as spouses, can support a claim for common law marriage.
- Public Declaration: Evidence of public declaration, such as filing joint tax returns or using the same last name, can support a claim for common law marriage.
Legal Implications of Common Law Marriage in Colorado:
If a couple is recognized as common law married in Colorado, they have the same legal rights and responsibilities as couples who were formally married through a ceremony and license. This includes property rights, inheritance, and spousal support. However, it also means that a divorce must be filed if the couple decides to separate, and property division and spousal support will be determined based on Colorado’s laws governing divorce.
Protecting Your Rights in a Common Law Marriage:
If you believe you are in a common law marriage in Colorado, it is important to take steps to protect your rights. This can include:
- Creating a Cohabitation Agreement: Similar to a prenuptial agreement, a cohabitation agreement can outline how property will be divided if the couple separates or one spouse dies.
- Filing a Declaration of Common Law Marriage: While not required, filing a declaration of common law marriage with the county clerk can provide evidence of the existence of the marriage in case of a dispute.
- Consulting with an Attorney: If you are unsure about your rights in a common law marriage or need help navigating a separation, it is important to consult with an experienced family law attorney.
Conclusion:
Common law marriage in Colorado is a complex legal concept that requires meeting specific requirements and can have significant legal implications. Understanding the requirements for common law marriage, as well as how to protect your rights if you are in a common law marriage, is essential to ensuring that you are able to make informed decisions about your future.