What are the requirements pertaining to common law marriage?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are the requirements pertaining to common law marriage?
I am curious to know if I meet the standards for a common law marriage in CO. My ex had me on his health insurance, and we lived together for a little over a year and a half. We did not file any taxes together, we have no kids, no shared property, nothing. Only the insurance. I would occasionally introduce him as my husband, but it was not all the time. Do I need to pursue a divorce? We have been broken up 2 years now.
Asked on November 5, 2010 under Family Law, Colorado
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Colorado law requires the following to establish a common law marriage: that you cohabitate, that you mutually agree to be married and that you hold yourselves out to the public or third parties as married. The things that you mentioned here - the filing of the tax returns, the holding of joint assets - these are factors that the courts use to determine whether or not you are married under Colorado law should there be a dispute between you. Typically claiming the other party as a "spouse" simply to gain a private economic advantage (health insurance, joint gym membership, etc), while potentially fraudulent, is not usually sufficient to establish a common law marriage in Colorado. So no, you probably do not have to get a divorce but I would double check with a lawyer in your area just in case.
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 AttorneyPages.com 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.