What Is A Common Law Marriage? :: Colorado Springs Criminal & Divorce Lawyer Blog

Unlike the vast majority of states, the State of Colorado will allow parties to consider themselves "married" even though they have not obtained a marriage license or participated in a civil or religious ceremony formally consecrating their marital relationship.

A broad definition of the use of "Common Law" can be found on the Wikipedia site. Howver, the law in Colorado carefully defines a "common law" marriage as one where the "parties mutual consent or agree to be husband and wife, followed by a mutual and open assumption of a marital relationship."

The Colorado courts first recognized the existence of a common law marriage in a court decision in 1907. Therefore, the parties agreement that they are married, cohabitate as husband and wife, and engage in other conduct and circumstances that indicate that they have entered into a marital relationship, may be strong enough to convince a judge that the relationship should be treated by the law, the same as a ceremonial marriage. This is significant in light of the thousands of divorce and legal separation cases that are filed each year in the State of Colorado.

When parties have "held themselves out as husband and wife" rather than those who have obtained a marriage license and exchanged vows in a church or before a judge, the legal duties and obligations under the law, are just the same. There are a variety of factors and situations which would be strong evidence that the common law marital relationship has been established, including some of the following elements:

1. The parties hold themselves out to friends, associates at work or school and relatives, as husband and wife and have told these folks that they are "married." This would be conduct by the parties that form the basis of "mutual public acknowledgment of the marital relationship.
2. The joint filing of state and/or federal tax returns;
3. Whether there were children born of the relationship;
4. Whether the parties obtained joint checking or savings or retirement accounts which were funded with joint funds;
5. Whether the parties purchased or caused to have titled real estate, a home, cars, trucks, motorcycles or made other joint purchases;
6. Are there joint debts, such as credit cards or promissory notes;
7. The time period for which the parties lived together, paid their living expenses together or one or both contributed to the financial support of the parties;
8. Whether the woman used or adopted the man's surname.
9. Other factors;

The case law in Colorado will dictate whether the relationship will be defined as a "common law marriage." When determining the intent of the parties in forming their relationship, the court will give special consideration to whether the parties lived together and the reputation of the community in which the parties reside as to whether they hold themselves out as husband and wife.

Just as in a marriage that occurred before a priest, reverend or other clergyman, the parties in a common law marriage can enforce their rights, privileges and responsibilities in the same manner, under existing Colorado law. For those who want a divorce or legal separation and can establish the existence of a common law marriage, there may be more at stake than ever thought. This is why it is always a good idea to speak to a qualified Domestic Relations Attorney or a member of the Colorado Bar Family Law Section, when considering your rights or obligations in any domestic matter.