Common Law Marriage: The law in Colorado is not definitive as to what actually constitutes common law marriage but we do have some guidelines all centered around whether the parties both agreed to be married. While many people won't have a written contract saying we are common law married, there are many things that can be evaluated to determine whether the parties intended to be common law married. Some factors that might be considered proof of the existence of a common law marriage include the following:
1. Introduction of each other to neighbors, friends, acquaintances or business partners as husband and wife;
2. Cohabitation of the parties as husband and wife;
3. Maintenance of joint accounts;
4. Purchase and joint ownership of property;
5. Mutual financial support of each other;
6. registration as husband and wife on applications, leases, contract forms and hotel registers;
7. Use of the man’s surname by the woman; and
8. Filing of joint tax returns.
If the court determines you were common law married, you will have to go through the same process as those who filed a marriage certificate to get divorced. Check out the L A W BLOG for more information on Common Law Marriage. Be sure to read our blog, "No Ring, No Problem: Common Law Marriage & Dissolution in Colorado".