Common-Law Marriage In Colorado

Colorado is one of eight states that still recognize common-law marriage. Being married under the common law does not require a ceremony or a licensed issued by the state. However, the parties must legally be able to marry, and must demonstrate their intent to be married.

As an initial matter, both parties must comply with Colorado’s requirements for a valid marriage. Both parties must be over the age of 18, and must not be married to any other individual. Colorado also prohibits marriage between certain relatives (i.e., siblings, parents and children, grandparents, aunts and uncles).

Colorado law only has two requirements to create a valid common-law marriage: (1) an agreement to be married; and (2) cohabitation.

Agreement

 The parties must agree to be married. Colorado does not require that this agreement be written. Additionally, the agreement does not even need to be expressly stated. The parties can, by their conduct, show that they have agreed to be married. Examples include: introducing each other as spouses to friends, family, and/or neighbors; filing joint tax returns; maintaining joint bank accounts; joint ownership of property; listing the other party as a spouse on health insurance; and the woman using the man’s surname. 

Cohabitation

After the parties agree to be married, they must live together as husband and wife.

Being married, whether through the common law or through a ceremony, has specific legal consequences. Therefore, it is very important that you consult with an experienced attorney before listing anyone as a spouse on your taxes or health insurance. If you intend to be common-law married, it is important that you take steps to document your marriage. 

Are you concerned that you may unintentionally be in a common-law marriage? Do you need to prove that you are spouse under the common law? Call Katelyn today to discuss.