Colorado, unlike many other states, still recognizes common-law marriage, also known as informal marriage. This means a couple can be legally married without ever having obtained a marriage license or participated in a formal ceremony. However, this can lead to unintended consequences, especially if the relationship ends. Understanding how common-law marriage is established and taking steps to prevent it is crucial for protecting yourself legally and financially.
What Constitutes Common-Law Marriage in Colorado?
To be considered legally married under Colorado's common-law marriage laws, a couple must meet three specific criteria:
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Cohabitation: The couple must live together. This isn't just casual cohabitation; it implies a shared residence with the intention of establishing a home together.
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Agreement to be Married: Both individuals must agree that they are married. This agreement doesn't need to be formal or witnessed; it can be inferred from their actions and representations. Crucially, both parties must have the capacity to consent to marriage (e.g., not already married to someone else).
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Holding Themselves Out to Others as Married: The couple must represent themselves to others as husband and wife. This could involve filing joint tax returns, introducing each other as spouses, or using shared last names. The key here is a consistent pattern of behavior indicating a marital relationship to outside parties.
It's important to note: The absence of a formal ceremony or a marriage license doesn't automatically preclude a common-law marriage. The courts look at the totality of the circumstances to determine whether the three elements above are met.
How to Avoid Common-Law Marriage in Colorado
Avoiding common-law marriage requires proactive steps to prevent the establishment of these three key elements. Here’s how:
1. Avoid Cohabitation with a Partner You Don't Want to Marry
The most straightforward way to avoid common-law marriage is to avoid cohabitating with someone you don't intend to marry formally. If you're in a serious relationship but want to remain unmarried, consider maintaining separate residences.
2. Never Represent Your Relationship as a Marriage
This is paramount. Refrain from:
- Jointly filing tax returns. File taxes individually.
- Using a shared last name. Retain your individual surnames.
- Referring to each other as "husband" or "wife" publicly. Use terms like "partner" or "boyfriend/girlfriend."
- Holding joint bank accounts or credit cards. Maintain separate finances.
These actions, when taken together consistently, can strongly suggest a common-law marriage to a court. Avoiding them significantly reduces the risk.
3. Maintain Separate Financial and Legal Affairs
Keep your finances separate. This includes:
- Separate bank accounts: Having separate accounts demonstrates an intention not to merge your financial lives as a married couple.
- Separate wills and estate plans: Clearly outlining your wishes in a will ensures your assets are distributed according to your preferences, not according to the laws governing community property in a marriage.
- Separate health insurance: Avoid adding your partner to your health insurance plan if you wish to avoid the marital implication.
How Can I Prove I Didn't Intend to Be Married?
Should a dispute arise, proving you didn't intend to be married requires substantial evidence. This evidence might include:
- Written agreements: A written agreement explicitly stating the intention not to be married provides strong protection.
- Testimony from friends and family: If witnesses can attest that you never presented yourselves as a married couple, this testimony could be helpful.
- Documentation of separate finances and residences: Maintaining meticulous records of separate bank accounts, lease agreements, and utility bills can strengthen your case.
What Happens if a Common-Law Marriage Is Claimed?
If someone claims a common-law marriage exists, you'll need legal counsel. A judge will review the evidence to determine if the three elements discussed earlier are present. If the court finds a common-law marriage exists, you'll be subject to all the legal and financial ramifications of a formal marriage, including:
- Property division: Assets accumulated during the relationship may be divided equally.
- Spousal support (alimony): You might be required to pay spousal support.
- Inheritance rights: Your partner may have inheritance rights.
Ultimately, the best way to avoid the complications of a common-law marriage is to be proactive and avoid the behaviors that create the impression of being married. Seeking legal advice from a qualified Colorado family law attorney is highly recommended if you have concerns about common-law marriage or are facing a situation where it's being claimed.
Disclaimer: This information is for educational purposes only and should not be considered legal advice. Consult with a qualified attorney for advice tailored to your specific circumstances.
