What is a common law marriage? Colorado common law marriage is a legal reality rooted in contract principles rather than the popular myths surrounding the concept.
While Colorado is among the small number of states recognizing common law marriage, establishing a valid union requires more than just shared time. By treating these relationships as contracts, the law ensures that both parties must intentionally agree to the institution of marriage before any legal rights and obligations are created.
Mutual Consent Defines the Marital Relationship
Mutual consent is the fundamental requirement for establishing a Colorado common law marriage. Because the union is essentially a contract, a marriage cannot exist if only one party believes the couple is in a marital relationship while the other does not. This requirement of dual consent protects individuals from entering into a binding legal status without their explicit agreement to the responsibilities involved.
Open Assumption and Court Scrutiny Factors
Open assumption of a marriage-like relationship is a secondary requirement that subjects a couple’s actions to specific court scrutiny. To decide if a common law marriage exists, a court may examine evidence such as joint tax returns, names on leases, and joint bank accounts.
Other social factors, including joint bills, wills naming the other spouse as a beneficiary, anniversary cards, and the couple’s reputation in the community, all serve as evidence of the intent to be married.
Why Cohabitation Alone Fails to Create a Contract
Cohabitation alone is insufficient to create a marital contract under Colorado law, contrary to many common assertions. Simply living together for a specific period of time does not meet the legal threshold of a common law union. The distinction is important because it prioritizes the intentional agreement of the parties over the mere act of sharing a residence, ensuring that the marital contract is a deliberate choice.
Ramifications of a Found Common Law Union
Determining whether a Colorado common law marriage exists has far-reaching ramifications that align with standard divorce proceedings. If a court finds that a marriage was established, the parties face legal consequences including property and debt division as well as potential maintenance (alimony) issues.
Am I in a Colorado Common Law Marriage?
Law One has litigated many cases involving these specific complexities, providing the experience necessary to navigate the attendant divorce-type ramifications that follow a recognized union. Contact Law One today at 303-831-8313 to schedule a free consultation regarding your common law marriage case.
