Understanding Common Law Marriage in Colorado

Colorado is one of the few states that recognizes common-law marriage, a legally valid marriage in which the spouses do not obtain a marriage license.

In a common-law marriage, the couple becomes lawfully married because they live as a couple and tell others that they are married. Whether a common-law marriage exists depends on the couple’s intent and conduct, not just on how long they have lived together.

At Plog & Stein, P.C., our Denver family law attorneys have decades of combined experience representing clients in divorce, custody, and property division cases, including those involving common-law marriage.

We help clients prove or challenge the existence of a marriage and guide them through the divorce process once a court confirms the existence of a common-law marriage. Our firm is known for clear communication, efficient case management, and strong advocacy throughout the Denver metro area.

Table of Contents hide

1. Does Colorado Have Common-Law Marriage?
2. What Is a Common-Law Marriage?
3. Colorado Common-Law Marriage Requirements
   1. Agreeing to Marry and Acting Like It
   2. Visibility in the Community as a Married Couple
4. How Do You Prove Common-Law Marriage in Colorado?
5. Does Common-Law Marriage Require a Divorce?
6. How Plog & Stein, P.C. Can Help

Does Colorado Have Common-Law Marriage?

Colorado is one of the few states that recognizes common-law marriage as a legally valid way for couples to be married without a ceremony or marriage license.

Common-law marriage carries the same legal weight as a ceremonial marriage. Both partners have the same rights and obligations regarding property, debts, and divorce as a couple with a marriage license.

So, what is common-law marriage? How can you become married without a marriage license?

What Is a Common-Law Marriage?

A couple creates a common-law marriage when they intend to be married and behave like a married couple. In other words, both spouses agree to be married despite not having a license and act accordingly.

Misconceptions about common-law marriage abound. You are not automatically married just because you:

• Have lived together for many years;
• Share rent, property, or household expenses;
• Have children together; or
• File joint tax returns.

To enter into a common-law marriage, you have to decide that you are married and act like it.

Colorado Common-Law Marriage Requirements

In Colorado, common-law marriage requirements include that:

• Both people mutually agree to be married,
• They live together as spouses, and
• They represent themselves publicly as married.

To determine whether a couple is common law married, courts review all the available evidence together. The goal is to determine whether both individuals truly intended to be married and acted in a manner that demonstrated this intention to others.

Agreeing to Marry and Acting Like It

To create a valid common-law marriage in Colorado, both partners must genuinely agree to be married and act in ways that show they mean it. Courts look for signs that each person viewed the relationship as a legal and emotional partnership similar to a traditional marriage. Evidence might include:

• Referring to each other as husband, wife, or spouse;
• Making joint financial decisions or sharing accounts;
• Signing documents together, such as leases or insurance forms; and
• Supporting one another financially or emotionally as a married couple would.

Simply living together or spending many years together is not enough. What matters is that both people intentionally entered into a marital relationship and acted consistently with that intent.

Visibility in the Community as a Married Couple

In addition to agreeing to marry, the couple must “hold themselves out” to the community as being married. In other words, they must openly represent themselves as spouses to others. Couples may hold themselves out as married by, for example:

• Introducing one another as husband, wife, or spouse in public or on social media;
• Listing each other as a spouse on tax returns, health insurance, or employment records;
• Wearing wedding rings or celebrating anniversaries; and
• Using the same last name or signing correspondence jointly.

Courts consider how friends, family, employers, and others perceive the couple’s relationship. If the broader community views them as married, the couple is more likely to be common law married.

How Do You Prove Common-Law Marriage in Colorado?

When one person claims to be common law married and the other disagrees, they can ask the court to decide whether the couple was legally married. How do you prove to the court that a common-law marriage exists?

Evidence that helps prove a common-law marriage includes:

• Joint tax returns or health insurance policies listing both names;
• Property titles, leases, or mortgages signed by both partners;
• Joint bank accounts, credit cards, or shared bills;
• Testimony from friends or relatives who believed the couple was married;
• Use of the same last name; and
• Written or online statements identifying each other as spouses.

If there is disagreement, the court holds an evidentiary hearing, a formal proceeding in which both sides present documents and witness testimony. The judge decides whether a common-law marriage existed. This decision is significant because it determines whether the court can handle the case as a divorce and divide property, or award spousal maintenance (also known as alimony).

Does Common-Law Marriage Require a Divorce?

Once a court determines that a common-law marriage exists, it has the same legal status as a marriage a couple creates through a ceremony. To legally end a common-law marriage, you must file for divorce in family court.

Colorado divorces involve:

• Dividing marital property and debts, generally meaning all property acquired during the marriage;
• Determining whether one spouse should pay spousal maintenance (alimony); and
• Addressing child custody and child support if children are involved.

If the court finds that there is no common-law marriage, then divorce laws do not apply. In that case, the parties must resolve property or financial disputes through civil claims, which involve separate lawsuits to divide assets or recover money.

How Plog & Stein, P.C. Can Help

At Plog & Stein, P.C., we bring decades of family law experience to every case. Our attorneys understand what Colorado courts look for when determining whether a marriage exists and how to protect your rights in the event of divorce. We provide:

• Comprehensive legal analysis to assess whether your relationship meets Colorado’s definition of a common-law marriage,
• Strategic advocacy during evidentiary hearings and divorce proceedings, and
• Personalized guidance from your first consultation through the court’s final decision.

If you believe you may be in a common-law marriage, or if your partner claims that you are, it is essential to understand your rights before taking action. The experienced attorneys at Plog & Stein, P.C. can help. Contact us to schedule a consultation with a Denver common-law marriage lawyer today.