common Law marriage in colorado

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common Law marriage in colorado

the Lady I’m with now we were married for 13
years and we got divorced in 2010. She moved
out a couple of times the longest was around 2
months. She Never Changed her Name she Kept my
last Name. we’ve pretty much lived together for
the 9 years since the divorce. my question is
are we Considered married? we have both called
each other husband and wife from time to time.
is Colorado a Communal property state? Thank
you in advance Travis

Asked on June 23, 2019 under Family Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

To enter into a common law marriage in Colorado (which is one of the few states which still has common law marriage), the two of you must:
1) Live together or cohabitate; 
2) Mutually agree to be or that you are married; and
3) "Hold yourself out" to other people as being married.
Since you do live together and since she still uses your last name and the two of you will sometimes refer to each other as husband and wife, you may well meet the criteria for a common law marriage.
Colorado is not a community property state.


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