Common Law Marriage In Colorado

Requirements For Common Law Marriage In Colorado

For a common law marriage (or any marriage) to be recognized in Colorado, the following conditions must be met per C.R.S. 14-2-109.5:

1. Both parties must be at least 18 years old.
2. Both parties must be legally free to marry (i.e., not currently married to someone else).
3. The couple must cohabitate (live together).
4. The couple must mutually agree to be married.
5. The couple must hold themselves out to the public as married.

While there is not a specific time requirement for cohabitation, the couple must demonstrate that they have lived together in a marital-like relationship. Holding themselves out as married can include referring to each other as husband or wife, using the same last name, listing each other as spouses on insurance or other legal documents, or filing joint tax returns.

Legal Basis For Common Law Marriage In California

Colorado’s common law marriage provisions are not explicitly stated in statutes but have been established through case law. Some relevant cases include:

» People v. Lucero (747 P.2d 660, Colo. 1987): The Colorado Supreme Court held that a common law marriage exists if the parties consent to be husband and wife and openly cohabit as such.

» In re Marriage of J.M.H. & Rouse (143 P.3d 1116, Colo. App. 2006): The Colorado Court of Appeals clarified that a couple’s mutual agreement to be married can be inferred from their conduct, and no specific words are required.

FAQs About Common Law Marriage In California

Can same-sex couples enter into a common law marriage in Colorado?

A: Yes. Following the U.S. Supreme Court’s decision in Obergefell v. Hodges (2015), same-sex couples can enter into common law marriages in Colorado, provided they meet the state’s requirements.

How can a couple prove they have a common law marriage?

A: Evidence of a common law marriage can include joint financial accounts, shared property ownership, using the same last name, wearing wedding rings, and referring to each other as spouses. Affidavits from friends and family members can also be used to establish the couple’s reputation as married.

Can minors enter into a common law marriage in Colorado?

A: No. Both parties must be at least 18 years old to enter into a common law marriage in Colorado.

Are common law spouses entitled to the same benefits as formally married couples?

A: Yes. Once a common law marriage is established, the spouses have the same rights and obligations as couples in a ceremonial marriage, including property rights, inheritance rights, and the ability to make medical decisions for each other.

Conclusion

Common law marriage is a legally recognized form of marriage in Colorado, provided that specific criteria are met. Couples considering a common law marriage should understand the requirements and legal implications. If you have specific questions or need assistance, it is advisable to seek legal advice from a qualified family law attorney.