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Colorado Springs, Colorado    El Paso County
Robert D. Gustafson  *  Attorney at Law  *  Colorado Springs
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  COLORADO COMMON LAW MARRIAGE CASELAW

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  CASE LAW
COLORADO COMMON LAW MARRIAGE
 

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Colorado Springs Family Law Attorney
Attorney Trial Practice 30+ years in Colorado State Courts - County Courts, District Courts, Juvenile Courts, Magistrate Divisions & Appellate Courts

NOTICEAttorney is not accepting new family law cases at this time.  PLEASE DO NOT CALL.
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feel free to check back to this webpage at a later date - thank you for your interest

 
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do not call the attorney to discuss meaning or applicability of law to facts of your case - nor  "just have a question"  requesting phone advice or information
attorney will decline such calls from non-clients
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this request not to call also applies to other attorneys - cases cited & linked provide a nice beginning point - kindly conduct your own legal research
 
CAVEAT: publication of cases is a professional courtesy for educational purposes only - do not rely upon this list for litigation - other relevant cases may exist
legal research on this webpage is not updated on a regular basis and may be obsolete  - new appellate cases may have been decided

 

In re Danika's Estate
    76 Colo. 191, 230 P. 608 (Colo. 1924)
In re Foley's Estate
    76 Colo. 286, 230 P. 618 (Colo. 1924) 
Clayton Co. v. Industrial Com.
    93 Colo. 145, 25 P.2d 170 (1933)
James v. James
    97 Colo. 413, 50 P.2d 63 (1935)
Valdez v. Shaw
    100 Colo. 101, 66 P.2d 325 (1937)
Moffat Co. v. Industrial Com.
    108 Colo. 388, 118 P.2d 769 (1941)
Rocky Mt. Co. v. Reed
    110 Colo. 88, 130 P.2d 1049 (1942)
Clark v. Clark
    123 Colo. 285, 229 P.2d 142 (1951)
Insurance Co. v. Industrial Com.
    124 Colo. 68, 234 P.2d 901 (1951)
Davis v. People
    83 Colo. 295, 264 P. 658 (1928)
Radovich v. Radovich
    84 Colo. 250, 269 P. 22 (1928)
Graham v. Graham
    130 Colo. 225, 274 P. 2d 605 (Colo. 1954)
Employer's Mutual v. Industrial Com.
    145 Colo. 91, 357 P.2d 929 (1960)

Peterson v. Lewis
    148 Colo. 52, 365 P.2d 254 (1961)
Harris v. Harris, Jr.
    171 Colo. 233, 466 P.2d 70 (1970)
Carter v. Firemen's Pension Fund
    634 P.2d 410 (Colo. 1981)
In re Marriage of Gercken
    706 P.2d 809 (Colo.App. 1985)
People v. Lucero
    747 P.2d 660 (Colo. 1987)
Rodriguez v. Medina
    765 P.2d 618 (Colo.App. 1988)
Crandell v. Resley
    804 P.2d 272 (Colo.App. 1990)
In re Marriage of Cargill
    843 P.2d 1335 (Colo. 1993)
In re Custody of Nugent
    955 P.2d 584 (Colo.App. 1997)

Matter of Estate of Sky Dancer
    13 P.3d 1231 (Colo.App. 2000)
In re Marriage of Phelps
    74 P.3d 506 (Colo.App. 2003)
In re Marriage of J.M.H.
    143 P.3d 1116 (Colo.App. 2006)
 
 

Putative Spouse
CRS 14-2-111

Prohibited Marriages
CRS 14-2-110

Williams v. Firemans Fund Ins. Co.
   
670 P.2d 453 (Colo.App. 1983)
People v. McGuire
   
751 P.2d 1011 (Colo.App. 1987)
Crandell v. Resley,  Note: case cited above
    804 P.2d 272 (Colo.App. 1990)
Combs v. Tibbitts
    148 P.3d 430 (Colo.App. 2006)

 

SELF-HELP LEGAL RESEARCH

links - qualifying income - fee relief resources   **   link - gov't child spt enforcemt offices  
 

the above cases impart a fair understanding of Colorado common law marriage
other cases may exist - do not rely upon this webpage for litigation
don't think that just because a case is old, it's not worth a read - this concept is old

         Please refer to text of above cases, but in very brief summary:  Common law marriage is recognized in Colorado.  Graham v. Graham, 130 Colo. 225, 274 P. 2d 605 (Colo. 1954)  

        There can be no common law marriage where the agreement is that the marriage contract shall be by future ceremony.  In re Danika's Estate, 76 Colo. 191, 230 P. 608 (Colo. 1924)

        Cohabitation is presumed to be matrimonial; but that is a presumption of fact, not of law.  When there is evidence against the marriage, the cohabitation becomes an item of evidence to be considered with all other such items, and it is strong or weak according to the circumstances.  An agreement to live together as man and wife is not necessarily marriage, but is open to the interpretation of an illicit relation resembling that of marriage.  In re Foley's Estate, 76 Colo. 286, 230 P. 618 (Colo. 1924)

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        Principles set forth in Graham v. Graham, 130 Colo. 225, 274 P. 2d 605 (Colo. 1954)

       The only essential requirement of a valid marriage contract between parties capable of contracting is their consent, but the contract alone is insufficient, unless consummated by the parties' cohabitation as husband and wife.  

        If the marriage is denied and can not be shown, its existence may be proved by and presumed from evidence of the parties' cohabitation and general repute as husband and wife.  Cohabitation required to consummate marriage contact means not merely sexual intercourse, but living together in the same house, claiming to be married, or the act or state of dwelling together or in the same place.

        General reputation or repute of a man and woman as husband and wife, as required to establish a common law marriage, means the understanding among neighbors and acquaintances with whom they associate in their daily life that they are living together as husband and wife and not in meretricious intercourse, and it involves social conduct and recognition giving character to admitted and unconcealed cohabitation.

        There must be evidence of both cohabitation by and reputation of a man and woman as husband and wife before common law marriage can be presumed.

        The determination of weight of evidence and reasonable inferences therefrom are for the trial court in a case tried without a jury.

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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.

CRS 14-2-111 provides that any person who has cohabited with another 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.  A putative spouse acquires the rights conferred upon a legal spouse, including the right to maintenance, whether or not the marriage is prohibited under CRS 14-2-110, declared invalid, or otherwise terminated by court action.  Combs v. Tibbitts, 148 P.3d 430, 433 (Colo.App. 2006).

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Website Copyright © 2003 - All Rights Reserved - Document Revised November 06, 2011
mountains photo image, attorney photo image & law office logo copyright © Robert D. Gustafson - all rights reserved - no copyright claimed to other images
Website Initial Publication Date: October 18, 2003 - Republication Date:
July 22, 2011

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