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Common Law Marriage in CO

by | Jun 12, 2023 | Divorce, Estate Planning, Family Law, Real Estate |

In Colorado, there is no specific statute that recognizes common law marriages, but Colorado courts recognize common law marriage. If a person claims common law marriage, the judge presiding over the case will apply certain factors to determine if a common law marriage has been constituted. Those factors include, but are not limited to:

  • You have shared finances like those of a married couple. One example is filing taxes jointly.
  • Other aspects of your relationship are like that of a married couple. For example, you have been on each other’s health insurance plans.
  • You hold yourself out to the community as married. For example, you and close friends refer to you and your partner as a married couple.
  • You have signed an Affidavit of Common Law Marriage
  • You live together.
  • You had a formal ceremony like a wedding despite not obtaining a marriage license.

It’s important to note that the length of cohabitation does not determine whether a common law marriage exists, even if it’s for decades. The amount of time a couple is together is taken into consideration along with other factors.

Contact us at 303-996-8610 to set up a consultation to discuss your further questions.

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