• 11
  • November
    2011

The state of Colorado recognizes and defines common law marriage as "a social relationship between a man and a woman meeting all the necessary requisites of a marriage not solemnized, performed or witnessed by an official authorized to perform marriages." A common law marriage in Colorado is valid for all purposes and is treated the same as a ceremonial marriage. Only death or divorce can terminate the common law marriage.

In order to establish a common law marriage, there must be:

(1) an intent of both parties freely given to become married;

(2) a public declaration by the parties or a holding out to the public that they are husband and wife;

(3) continuous cohabitation together as husband and wife (this means consummation of the marriage);

(4) both parties must be capable of entering into the marriage relationship. (i.e. neither party is already married); and

(5) known within the community as being married.

Contrary to popular belief, there is no special time limit to establish a common law marriage unlike some other states. Colorado also does not have a specific statute for common law marriage.

Establishing a common law marriage in Colorado provides recognition for income and property tax purposes, registration as husband and wife on applications, leases, contract forms and hotel/motel registers.

There is no official certificate of common law marriage, but parties may provide a signed and notarized affidavit swearing to the marriage when proof of marriage is required.

If you and your significant-other, or a couple you know, would like to establish a common law marriage through an affidavit, our attorneys at Stowell P.C. can help. Please contact us today.