Common Law Marriage in Colorado
| Publication year | 1987 |
| Pages | 252 |
1987, February, Pg. 252. Common Law Marriage in Colorado
The concept of common law marriage has been recognized for many years in Colorado.(fn1) Essentially, in a common law marriage, two parties create a valid marital relationship without the benefit of a legal marriage ceremony performed according to the statutory requirements of CRS § 14-2-106. The foundation for a common law marriage is mutual consent or agreement of the parties to be husband and wife, and thereafter a mutual and open assumption of a marital relationship.(fn2)
There are many misconceptions about the requirements for a valid common law marriage. A present contract of marriage must exist to create a relationship of husband and wife. An agreement to marry in the future does not create a common law marriage.(fn3) Frequently, a problem arises after the breakup of two people who have been living together and one party claims they have a common law marriage. In other situations, a death, injury or disability may occur, creating problems for the alleged common law spouse.
This article discusses the requirements for establishing a common law marriage in Colorado.
In establishing the existence of a common law marriage, it is difficult to prove that an actual contract or agreement to marry existed between the parties. Colorado does not require a fixed period of time of cohabitation to establish a common law marriage. However, evidence of cohabitation and reputation as husband and wife generally will constitute proof of a common law marriage. While cohabitation and reputation as a married couple are not essential elements of a common law marriage, they create an inference that the parties have consented to a marriage contract.(fn4)
The parties must cohabit as husband wife and claim to be such. However, cohabitation alone is not sufficient to establish common law marriage; they must do more than merely live together in the same house. In order for a presumption of marriage to arise, the parties must intend to be married as evidenced by their conduct and general reputation. General reputation as a husband and wife includes social conduct and recognition giving character to a marital relationship, understanding among neighbors and acquaintances that they are living...
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