What Determines My Relationship To Be A Common Law Marriage?
We’ve had this question asked plenty of times over the years, and the new criteria in Colorado regarding common law marriage merits covering the topic in more detail.
In the past, the court took a marriage into consideration if you cohabited, shared bills, both consented in being a husband and/or wife, had joint accounts, and filed taxes together. In Colorado, there is not a specific time in which you must do any or each of these things. If there wasn’t enough evidence of all or some of these requirements, you may be considered not married in the eyes of the court. There are not a set of rules that will automatically determine you are common law married; however, the criteria can be somewhat more flexible than in other states. For example, in one of the cases the couple was assessed as being common law married even though they did not own joint bank accounts, nor did they file taxes together in the years they were living together- but the supreme court recognized the validity of their marriage because they were able to prove they were committed to each other and intended to be married. Ultimately, the court will decide whether there is enough evidence to prove if you were, in fact, married.