Colorado is one of only a handful of states that recognizes common law marriage as being legal and conferring on the parties to the common law marriage the same rights and obligations as if they had been married by ceremony. The purpose of recognizing common law marriage is to protect the interests of parties who have acted in good faith as husband and wife.

Therefore, if the parties either agree that a common law marriage exists between them or a common law marriage is found to exist by the court, the parties will have all the same rights and obligations as parties to a valid ceremonial marriage. In cases of divorce (otherwise known as dissolution of marriage), this means potential rights to spousal maintenance, division of “marital” property and debts, child support, award of parental responsibilities, etc. In non-divorce situations, it also means potential rights to inherit from a deceased common law spouse. 

Under Colorado law, there is no required length of time for the parties to be together before a common law marriage may be asserted. Instead, unless the parties mutually agree they are common law married, proof of the existence of a common law marriage requires a showing to the court of both proof of the parties’ mutual intent to be currently married (as opposed to the intent to be married in the future), and evidence of “general report” that they are married (i.e. that they have held themselves out to the general community as being married). 

In cases of divorce, where one of the parties is denying the existence of a common law marriage, or in cases of a probate action where one of the parties is deceased, the existence of the mutual intent to be presently married may be inferred from evidence of the parties’ behavior. Such evidence must generally include proof of cohabitation, as well as other proof of the intent to be common law married, such as one party taking the other’s last name, referring to each other as husband and wife to members of the general community, purchasing property in both parties’ names, obtaining joint bank accounts, filing of joint tax returns, etc.) However, except for proof of cohabitation, there is no one specific form that such evidence must take, and the evidence may include any behavior of the parties that demonstrates an intent to be presently married.

On the other hand, mere cohabitation without other proof of the parties’ mutual intent to be presently married will generally not be sufficient to establish the existence of a common law marriage. 

Common law marriages entered into in Colorado will not be deemed valid if either of the parties was under the age of 18 years when the marriage was entered into or if the marriage was otherwise prohibited by law at the time it was entered into (such as a marriage between blood relatives, or where one of the parties was already married to another person at the time the common law marriage was entered into). 

However, if the common law marriage is not otherwise invalid, and if the parties then wish to divorce, the action for dissolution of the common law marriage will be brought under the same laws as actions for dissolution of ceremonial marriages, with all the attendant rights and obligations referenced above. 

Colorado law also confers rights on a “putative spouse” even if a common law marriage is not proven. A “putative spouse” is defined by §14-2-111 of the Colorado Revised Statues (C.R.S.) as follows: “Any person who has cohabited with another to whom he [or she] is not legally married in the good faith belief that he [or she] was married to that person is a putative spouse until knowledge of the fact that he [or she] is not legally married terminates his [or her] status and prevents acquisition of further rights.” The “putative spouse” may have the same rights that are conferred upon a legal spouse, including the right to spousal maintenance once the termination of his or her status as “putative spouse” occurs. 

If you have questions as to whether you may be in a common law marriage or may be a “putative spouse” or if you wish to avoid behavior that could result in a claim of common law marriage, you might want to consider seeking legal advice as to these matters.

Call or contact us today to schedule your initial consultation. 

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