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Nov
4

Common Law Marriage in Colorado

by -  April Jones
In Colorado, a common law marriage is established by the mutual agreement of the parties to be Husband and Wife, followed by a mutual and open assumption of a marital relationship. NO PARTICULAR TIME PERIOD IS REQUIRED. Often times, when a common law marital relationship sours, one party attempts to deny the existence of the common law marriage. In determining whether or not a common law marriage exists, the court considers the behavior of the parties. Did the parties live together? Did their friends, neighbors or coworkers think that they were married? Did they have joint bank or credit accounts? Did the Wife and children use the Husband’s last name? Did they file tax returns as married? Did they claim married for insurance purposes? Answering yes to one or two of theses questions can be enough to establish the existence of a marriage. “Any form of evidence that openly manifests that their relationship is that of Husband and Wife will provide requisite proof from which the existence of their mutual understanding can be inferred for the purposes of establishing common-law marriage.” People v. Lucero, 747 P.2d 660 (Colo 1987)..
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