GUSTAFSON
LAW
OFFICE
Colorado Springs, Colorado
El Paso County
Robert D. Gustafson
* Attorney at Law *
Colorado Springs |
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COLORADO COMMON
LAW MARRIAGE |
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Phone (719) 260-1002
Fax (719) 260-1003 **
Toll Free (800) 410-1002 |
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Colorado common law marriage
factors
Cohabitation - even for one
day
Sexual intercourse
Holding yourselves out as
married to third persons
Intent to be married at the
present time
Colorado common law marriage does
not exist at present if you intend to become married in a future
wedding
ceremony
Some married couples
renew their vows in a subsequent ceremony - facts dictate
Evidence of reputation and intent
- what do lawyers look for?
Filing joint federal or state
tax income tax returns as husband and wife
Joint debt - application as
husband and wife or account name "John Jones & Susan Jones"
Joint lease - application as
husband and wife or lease held as "John Jones & Susan Jones"
Joint ownership of assets as
husband and wife or title held as "John Jones & Susan Jones"
Real property deed, deed
of trust or mortgage
Motor vehicle titles
Checking, savings, money
market certificates, certificates of deposit
Life insurance policies
Last will and testament
devising or bequeathing property to "my husband" or "my
wife"
Written communications -
special occasion cards and letters to "spouse" or family members
Holding yourselves out
verbally to neighbors, family, friends or business associates as married
Name change, whether by name
change lawsuit or simply adopting usage of the surname
Executed Colorado Dept. of
Revenue, Div. of Motor Vehicles Affidavit of Common Law Marriage
If the wife changes her
driver's license, you each may have executed such a DMV affidavit
Common Law Marriage -
Colorado
Department of Law - FAQ
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The Colorado Supreme Court is always
polite & formal in its language, but it could be summarized:
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If it looks like a duck, walks like a duck and quacks like a duck,
maybe it is a duck, or
A shack job can be just a shack job.
My straight forward interpretation may not be shared by great legal
minds.
primary CaseLaw
decided by Colorado appellate courts is available below |
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In Colorado
You can say: "I marry thee, I
marry thee, I marry thee."
BUT
You can not say: "I divorce thee, I divorce thee, I divorce
thee." |
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If you are common law married, to
end the marriage you must file for
divorce.
Mere passage of time
alone does not legally end a valid marriage - a court order is required. |
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The marriage is as lawful as if you had become married before a minister, judge
or magistrate.
Legal
separation is another alternative. If you have
a child or children and neither common law marriage nor statutory marriage
(judge or minister) apply,
paternity
is the proper remedy. |
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| STATUTES WHICH MAY IMPACT COMMON LAW MARRIAGE |
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CRS 14-2-110. Prohibited marriages.
(1) The following marriages are
prohibited:
(a) A marriage entered into prior to the dissolution of an earlier marriage of
one of the parties, except a currently valid marriage between the parties;
(b) A marriage between an ancestor and a descendant or between a brother and a
sister, whether the relationship is by the half or the whole blood;
(c) A marriage between an uncle and a niece or between an aunt and a nephew,
whether the relationship is by the half or the whole blood, except as to
marriages permitted by the established customs of aboriginal cultures.
(2) Children born of a prohibited
marriage are legitimate. CRS 14-2-111.
Putative spouse.
Any person who has cohabited with
another to whom he is not legally married in the good faith belief that he was
married to that person is a putative spouse until knowledge of the fact that he
is not legally married terminates his status and prevents acquisition of further
rights. Children born of putative spouses are legitimate. A putative spouse
acquires the rights conferred upon a legal spouse, including the right to
maintenance following termination of his status, whether or not the marriage is
prohibited under section 14-2-110, declared invalid, or otherwise terminated by
court action. If there is a legal spouse or other putative spouses, rights
acquired by a putative spouse do not supersede the rights of the legal spouse or
those acquired by other putative spouses, but the court shall apportion
property, maintenance, and support rights among the claimants as appropriate in
the circumstances and in the interests of justice. |

PRIMARY
CASELAW
COLORADO
COMMON LAW MARRIAGE
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29 Colorado
appellate cases published to attorney's website
cases can be
downloaded, printed & text copied |
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RESEARCH FEE
$95.00 |
| cases on-line and available
upon telephone request |
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1. Termination of
Spousal Maintenance (Alimony). By operation
of Colorado law, subsequent marriage terminates the obligation for spousal
maintenance unless the court order provides otherwise that the obligation for
spousal maintenance shall survive new marriage. That exception would be
unusual.
a. If you are receiving
spousal maintenance (alimony) from a prior divorce decree and become common
law married, your spousal maintenance could abruptly cease. Good-bye
income.
b. If you are paying
spousal maintenance (alimony) from a prior divorce decree and the obligee
(your ex-spouse) become common law married, immediately file a motion to
terminate the support obligation. It will likely be granted.
Hello financial independence.
Will people litigate? Refer to
CaseLaw
above.
2. Property or
Spousal Maintenance Claim Against You. Failure
to file for and obtain a decree of
legal
separation or
divorce
may result in a later claim
against you for property division, debt allocation or spousal maintenance.
3. Property Claim Against Your Estate.
Failure to file for and obtain a
divorce
decree or decree of
legal
separation may result in a claim after your
death against your estate for property division or debt allocation.
Common law wife would be able
to elect against the will and take her statutory intestate share.
Current "wife" of
invalid marriage may be excluded or have her share reduced.
Current children of invalid
marriage may have their share reduced.
Think no one would have the
unmitigated gall or nerve to bring such a vexatious lawsuit after your
death?
Refer to CaseLaw above.
Contact your estate planning
attorney - I do not practice probate law.
4. Effect on Future
Marriage or Legitimacy of Future Children
Any subsequent marriage
would be invalid and unlawful (bigamy) - prosecution - refer to
CaseLaw
above.
Children of a subsequent
marriage would be legitimate. CRS 14-2-110(2)
If you are common law married and
the relation ends - file for divorce.
No one needs these types of problems after
he / she hits the lottery jackpot or
otherwise accumulates wealth.
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Colorado common law marriage impacts divorce
- dissolution of marriage, legal
separation,
declaration of invalidity - annulment, allocation of parental responsibilities
- child
custody, parenting
time - visitation, spousal maintenance - alimony, child
support, marital property
rights, marital debt
allocation, paternity, adoption
and all other aspects of Colorado family
law.
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Colorado common law marriage
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divorce
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dissolution of
marriage
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legal
separation |
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declaration of invalidity -
annulment |
allocation of parental responsibilities
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child
custody |
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parenting
time -
visitation |
spousal maintenance -
alimony |
child
support |
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marital property
rights |
marital debt
allocation |
paternity |
adoption
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Attorney has published a sample
Affidavit of Colorado Common Law Marriage
for informational and educational purposes. The Affidavit may be viewed, however
attorney has intentionally
restricted the form such that text can not be copied and the form can not be
printed. Form restrictions have been placed due to the long reaching
impact of declaring a common law marriage - the sample affidavit form is not
intended for public use. Viewing the affidavit form shall not be construed
as offering legal advice, and viewing and shall neither constitute nor establish
an attorney-client relationship.
When a person desires to change his
or her last name on the driver's license to that of the common law spouse, an
affidavit is available at any
Colorado DMV office. The human
resources department of various state agencies or larger businesses also may
have an affidavit of common law marriage for purpose of spousal benefits.


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INDEPENDENT SERVICE PROVIDERS |
FAMILY
LAW PRACTICALITIES |
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independent providers
of professional services may be utilized by counsel
please refer to information via
the above link |
conduct of the parties
and effect upon fees & costs
please refer to information via the above link |
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| please
feel free to call or email if you are a client or are seeking representation |
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INITIAL CONSULTATION TERMS
not an offer for legal advice - refer to link
attorney is a sole practitioner with need to manage his caseload
attorney reserves the right to decline any legal matter |

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PRIMARY WEBSITE |
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GUSTAFSON LAW OFFICE TOPICAL
WEBSITES |
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Website Copyright © 2003 -
All Rights Reserved - Document Revised
July 22, 2010
mountains photo image, attorney photo image & law office logo copyright ©
Robert D. Gustafson - all rights reserved - no copyright claimed to other images
Website Initial Publication Date: October 18, 2003 - Republication Date:
January 29, 2010 |
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