Adobe Acrobat Reader version 5 or later is required to view .pdf files    Free Download

Colorado common law marriage factors
        Cohabitation - even for one day
        Sexual intercourse
        Holding yourselves out as married to third persons
        Intent to be married at the present time
                Colorado common law marriage does not exist at present if you intend to become married in a future
                wedding ceremony
        Some married couples renew their vows in a subsequent ceremony - facts dictate        

Evidence of reputation and intent - what do lawyers look for?
        Filing joint federal or state tax income tax returns as husband and wife
        Joint debt - application as husband and wife or account name "John Jones & Susan Jones"
        Joint lease - application as husband and wife or lease held as "John Jones & Susan Jones"
        Joint ownership of assets as husband and wife or title held as "John Jones & Susan Jones"
        Real property deed, deed of trust or mortgage
        Motor vehicle titles
        Checking, savings, money market certificates, certificates of deposit
        Life insurance policies
        Last will and testament devising or bequeathing property to "my husband" or "my wife"
        Written communications - special occasion cards and letters to "spouse" or family members
        Holding yourselves out verbally to neighbors, family, friends or business associates as married
        Name change, whether by name change lawsuit or simply adopting usage of the surname
        Executed Colorado Dept. of Revenue, Div. of Motor Vehicles Affidavit of Common Law Marriage
                If the wife changes her driver's license, you each may have executed such a DMV affidavit
                Common Law Marriage - Colorado Department of Law - FAQ

In Colorado you can say: "I marry thee, I marry thee, I marry thee."
BUT
You can not say: "I divorce thee, I divorce thee, I divorce thee."

If you are common law married, to end the marriage you must file for divorce.  The marriage is as lawful as if you had become married before a minister, judge or magistrate.  Legal separation is another alternative.  If you have a child or children and neither common law marriage nor statutory marriage (judge or minister) apply, paternity is the proper remedy.

*        *        *        *        *        *        *        *

STATUTES WHICH MAY IMPACT COMMON LAW MARRIAGE

CRS 14-2-110. Prohibited marriages.
        (1) The following marriages are prohibited:
                (a) A marriage entered into prior to the dissolution of an earlier marriage of one of the parties, except a currently valid marriage between the parties;
                (b) A marriage between an ancestor and a descendant or between a brother and a sister, whether the relationship is by the half or the whole blood;
                (c) A marriage between an uncle and a niece or between an aunt and a nephew, whether the relationship is by the half or the whole blood, except as to marriages permitted by the established customs of aboriginal cultures.
        (2) Children born of a prohibited marriage are legitimate.

CRS 14-2-111. Putative spouse.
        Any person who has cohabited with another to whom he is not legally married in the good faith belief that he was married to that person is a putative spouse until knowledge of the fact that he is not legally married terminates his status and prevents acquisition of further rights. Children born of putative spouses are legitimate. A putative spouse acquires the rights conferred upon a legal spouse, including the right to maintenance following termination of his status, whether or not the marriage is prohibited under section 14-2-110, declared invalid, or otherwise terminated by court action. If there is a legal spouse or other putative spouses, rights acquired by a putative spouse do not supersede the rights of the legal spouse or those acquired by other putative spouses, but the court shall apportion property, maintenance, and support rights among the claimants as appropriate in the circumstances and in the interests of justice.

        1.  Termination of Spousal Maintenance (Alimony).  By operation of Colorado law, subsequent marriage terminates the obligation for spousal maintenance unless the court order provides otherwise that the obligation for spousal maintenance shall survive new marriage.  That exception would be unusual.
                a.  If you are receiving spousal maintenance (alimony) from a prior divorce decree and become common law married, your spousal maintenance could abruptly cease.  Good-bye income.
                b.  If you are paying spousal maintenance (alimony) from a prior divorce decree and the obligee (your ex-spouse) become common law married, immediately file a motion to terminate the support obligation.  It will likely be granted.  Hello financial independence.
                Will people litigate?  Refer to CaseLaw above.

        2.  Property or Spousal Maintenance Claim Against You.  Failure to file for and obtain a decree of legal separation or divorce may result in a later claim against you for property division, debt allocation or spousal maintenance.

        3.  Property Claim Against Your Estate.  Failure to file for and obtain a divorce decree or decree of legal separation may result in a claim after your death against your estate for property division or debt allocation.
                Common law wife would be able to elect against the will and take her statutory intestate share.
                Current "wife" of invalid marriage may be excluded or have her share reduced.
                Current children of invalid marriage may have their share reduced.
                Think no one would have the unmitigated gall or nerve to bring such a vexatious lawsuit after your death?
                    Refer to CaseLaw above.
                Contact your estate planning attorney - I do not practice probate law.

        4.  Effect on Future Marriage or Legitimacy of Future Children
                Any subsequent marriage would be invalid and unlawful (bigamy) - prosecution - refer to CaseLaw above.
                Children of a subsequent marriage would be legitimate.  CRS 14-2-110(2)
                If you are common law married and the relation ends - file for divorce.  

No one needs these types of problems after he / she hits the lottery jackpot or otherwise accumulates wealth. 

        Due to the long reaching impact, I have intentionally omitted an affidavit of common law marriage and have not made available as a public form.  When a person desires to change his or her last name on the driver's license to that of the common law spouse, an affidavit is available at any Colorado DMV office.  The human resources department of various state agencies or larger businesses also may have an affidavit of common law marriage for purpose of spousal benefits.

please feel free to call or email if you are a client or are seeking representation

FREE INITIAL CONSULTATION
not an offer for free legal advice - refer to link for terms
I am a sole practitioner with need to manage my caseload & reserve the right to decline any legal matter

Secure On-Line Payment

Copyright © 1985 - All Rights Reserved - Document Revised: January 14, 2008
no copyright claimed to merchant logo, software logo, flag, envelope or drawing images