Can I fight for common law marriage rights in Colorado for my home here?

UPDATED: Oct 2, 2022

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Can I fight for common law marriage rights in Colorado for my home here?

My husband not legally married and I are
residence of Minnesota but we have a home
here in Colorado where I reside with my 2 kids
from a previous marriage. My kids go to school
in Colorado. I have a home here but it is solely
in my husbands name. We have been together
for 11 years and I would like to know, if we split,
could I claim Colorado law of common law for
the house here? We have 3 homes, one in
Minnesota that we are building now, one in
Colorado that we bought in 2015, and one in a
Florida that we bought in 2016. All in his name
with his money, Im a stay at home mom.

Thank you,

Asked on September 18, 2019 under Family Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Common law marriage is formed only in the state of the couple's residence, and only if they met the requirements for common law marriage (in CO: living together; both people wanted to be married to each other; both acted in ways that showed they considered themselves spouses, such as referring to each other in front of other people as "husband" or "wife") in that state while they were resident in it. So if you and your husband had been CO residents and, while CO residents, met the criteria for common law marriage, you should be able to claim marital rights.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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