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Home > Common Law Marriage

Common Law Marriage

Colorado is one of a handful of states that recognizes common law marriage. Common law marriage is a marriage that is recognized by the state even though there has been no ceremonial marriage and no marriage license.

There are a number of misconceptions about common law marriage. The first is that if people live together a certain amount of time, they are automatically common law married. That is not true. Some people can live together a week and be common law married, other couples could live together for 20 years and not be common law married.

People are common law married if they have held themselves out as and have a general reputation as being married. There is no single test to determine if people are common law married. Rather, the status would be determined by a court after looking at a number of factors.

Here are some factors a judge might look at to determine whether people are common law married:

Whether they tell people they are married

Whether they live together

Whether they have children together

Whether they use the same last name

Whether they wear rings on their ring fingers

Whether they file joint income tax returns

Whether they have stated on health insurance, life insurance or other legal paperwork that they are spouses

People who are common law married are every bit as married couples who are ceremonially married.

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This website is intended to give general legal information about Colorado laws and the Colorado legal system as they pertain to family law, estate planning and probate. The contents of this website do not constitute legal advice. You should not rely on this website to answer questions about your specific case. Every case is different. This website should not take the place of getting legal advice from a competent Colorado attorney. By visiting this website, you are not a client of the Willoughby Law Firm, LLC.