Do I need another divorce if I lived with my ex-husband again after the divorce and bought another house together?

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Do I need another divorce if I lived with my ex-husband again after the divorce and bought another house together?

A year after getting a divorce, my ex-husband and I moved back in together and

bought another house together. Would this be considered common law marriage and require another divorce filing?

Asked on June 28, 2018 under Family Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, living together does NOT by itself create common law marriage.  In your state (Colorado), in addition to living together, you must also:
1) Both agree to be married; and
2) Hold yourself out to others as married (i.e. refer to each other as husband or wife; tell others you are married or that this is your spouse; etc.).
Without 1) and 2), simply living together--even buying a house together--does not create a common law marriage; and without a marriage, whether a formal marriage or common law, there is no need for a divorce.


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