Common Law Marriage

Posted by admin on Jan 05, 2011

Colorado is one of the few states that recognizes  common law marriages.  Be aware of what you say and do if you don’t want to be deemed common law married.  Under Colorado law, all that’s required is that 2 people agree to be husband and wife and represent themselves as such to one or more outsiders.  This could be done innocently or to gain certain advantages.

A court will look at the specific facts and circumstances surrounding each particular case, but joint bank accounts, calling one a “spouse” when applying for health insurance benefits or filing a joint tax return are all red flags.  If a couple is common law married, if and when the bloom is off the rose, either can seek compensation, property,  support or maintenance in a divorce proceeding.  Suddenly, what you thought was a nice relationship that just didn’t work out, becomes the subject of a court proceeding and ½ of your assets are up for grabs.   There is no such thing as a common law divorce.