Common Law Marriage in Colorado: What It Is and How It Works

You could be in a common law marriage in Colorado and not realize it. Colorado is one of the few states that still recognizes marriages formed without a license or ceremony, and the consequences are the same as any other marriage.

This page covers what a common law marriage is, who can form one, and what it means if the relationship ends. Proving or disputing a common law marriage is covered in what proof Colorado courts need.

What Is a Common Law Marriage?

A common law marriage is a legally valid marriage created by the couple’s mutual agreement rather than a license. Colorado’s Supreme Court has described the test as whether the couple mutually intended to enter a marital relationship, shown by the totality of their conduct.¹

Living together is not enough on its own, and there is no minimum period of cohabitation. The question is whether both partners agreed to be married and acted on that agreement.

Who Can Form a Common Law Marriage

A common law marriage entered into on or after September 1, 2006 is valid in Colorado only if both parties were 18 or older.² The marriage also cannot be otherwise prohibited, such as a marriage while one partner is still married to someone else.

Same-sex couples can form a common law marriage on the same terms. Colorado’s Supreme Court has held that a same-sex common law marriage entered in Colorado before the state recognized same-sex marriage in October 2014 can be recognized.³

Common Misconceptions

• Seven years together creates a marriage. Colorado has no time requirement; the agreement and conduct decide it.
• Sharing a lease or a bank account proves it. Those facts can be evidence, but they do not create a marriage on their own.
• A couple can separate informally. A valid common law marriage ends only by death or divorce.
• Moving states ends it. A valid Colorado common law marriage remains valid when a couple moves elsewhere.

Whether a common law marriage exists can change property rights, maintenance, and inheritance. Johnson Law Group offers a no-pressure consultation to review your situation, so schedule a consultation before you rely on an assumption either way.

Rights and Obligations

A common law spouse has the same rights and obligations as any spouse. That includes the right to a share of marital property in a divorce, possible maintenance, and inheritance rights if a spouse dies without a will.

The date the marriage began matters, because property acquired after that date is presumptively marital. When the start date is disputed, the evidence of when the couple agreed to be married becomes central.

Ending a Common Law Marriage

There is no common law divorce. A common law marriage must be ended through the same Colorado divorce process as a ceremonial marriage, including property division, maintenance, and parenting orders.

If one partner denies the marriage existed, the court decides that question first. Couples who are unsure can also consider a written agreement that addresses their status and property.

Talk With a Colorado Family Law Attorney

Common law marriage is easy to misunderstand and expensive to dispute after the fact. Johnson Law Group is here to help.

The attorneys at Johnson Law Group help couples confirm, dispute, or end common law marriages and will give you a clear read on your status. Schedule a free consultation through our Colorado offices, and we will serve as your North Star from here.

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