About Equality in Marriage Institute Expertise As a non profit organization commited to assisting and supporting men and women through their divorce transition, we will answer any questions -from how to get yourself on your feet after being served with divorce papers, questions to ask your lawyer, how to appeal or modify your judgement and the different ways to end your marriage to how to empower and care for yourself, the benefits of joining a support group and how to manage your divorce process. Please note that we are not lawyers, financial advisors or therapists. The information given is intended to provide you with direction towards resources, websites, and answers that can help you through your transition.
Experience We have experience answering hundreds of questions from both men and women who are going through the divorce process.
Expert: Equality in Marriage Institute - 4/18/2005
Question Thankyou for your reply. I have copy/pasted what I can find about Colorado Commmon Law below. See if that is enough info for you to possibly give me some more insight.
Any loans that we had together were an attempt to help improve her credit and when the loans were satisfied her name was taken off the collateral titles and have since been sold. The vehicles that I gave her were paid for.
Thank you again, Darwin
Common Law Marriage in Colorado Introduction
Colorado is one of about a dozen states remaining which recognizes a common law marriage, or a marriage without formal ceremonies. There is no hard and fast rule as to what constitutes a Colorado common law marriage, nor even one law which directly covers it. Rather, C.R.S. § 14-2-104(3), part of the law which establishes the requirements for a Colorado marriage, simply states: "Nothing in this section shall be deemed to repeal or render invalid any otherwise valid common law marriage between one man and one woman."
It is up to the Colorado divorce Courts, with more than a hundred years of legal decisions to draw on, to determine whether Colorado will recognize that a common law marriage exists. The standard Colorado courts have outlined is that a common law marriage in Colorado requires that the couple:
1. Cohabitate,
2. Mutually agree to be married, and
3. Openly hold themselves out to the public as married.
Because proof can be complicated, unless both parties agree that they had a common law marriage in Colorado, they will inevitably need the assistance of a Colorado divorce or family law attorney who knows Colorado common law divorce issues.
Factors for Determining Colorado Common Law Marriage
Though living together (cohabitation) is required, no specific duration is necessary. This means that a couple which is clearly girlfriend/boyfriend could live together for 20 years without creating a common law marriage in Colorado. However, a relationship where the couple hold themselves out as married and intend actually to be married could be considered a marriage in a relatively short time. Here is a non-exclusive list of factors Colorado divorce courts look at when determining whether a common law marriage exists:
1. Whether the couple refer to themselves as married to third parties,
2. Filing joint federal or state tax returns,
3. Listing the other party as a spouse on insurance forms or retirement plans,
4. Joint finances, such as bank accounts, or owning property, and
5. The woman taking the man's surname.
No one factor is paramount, but 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. A Colorado common law marriage is not simply living together or a casual relationship - it means the couple tells everyone they are married. Filing joint tax returns is widely regarded as the most important of these factors, since it means the couple is holding themselves out to the government, under penalty of perjury, as being married.
Spouses in a Colorado common law marriage enjoy all of the benefits of being married, in Colorado, other states, or in the eyes of the federal government, including the military. However, to prevent fraud, some institutions require proof of the common law marriage, either by showing joint tax returns, or filling out an affidavit swearing that a couple is married. Here is a sample Affidavit of Common Law Marriage.
Ending a Common Law Marriage in Colorado
Since there's no such thing as a Colorado common law divorce, if the couple breaks up, they also enjoy all of the rights, privileges, and headaches of a formal Colorado divorce or legal separation. Trying to remarry without a formal dissolution would be bigamy, and renders the second marriage void!
More Information
www.state.co.us. Information paper on Colorado common law marriages by the Colorado General Assembly's Office of Legislative Legal Services.
www.ago.state.co.us. Colorado Attorney General's information page on Colorado common law marriages
www.cdphe.state.co.us. The Colorado Department of Public Health Vital Records Section information page on solemnizing marriages and common law marriages in Colorado.
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Followup To
Question -
Hello, I recently ended a 7 year relationship. We were not married, she never used my last name, we never filed taxes together. As of right now there are no vehicles commonly owned by us and her name is not on my house. I heard that she has been contacting lawyers to try to take me to the cleaners. I dont see this as being 'right' but alot of things arent today. I gave her a car and a truck, spent over $10 K trying to set her up in 2 businesses. She only worked 2 out of the 7 years and did not contribute to the upkeep of the house. I am wondering if I may need to file something first and beat her to the punch, like maybe a suit to recover the money invested in her failed business to maybe give me a lever if she comes up with something. Can you point me in the right direction? Thank you in advance for any and all help you can give, Darwin Richardson
Answer -
Dear Darwin,
One of the first steps you may want to take is to see if you live in a state that recognizes common law marriage. There are a few requirements that need to met in order to be considered common law married. If those requirements are met then you are legally married and you must file for a divorce. Visit usmarriagelaws.com to see if you do live in state that recognizes common law.
If you are not common law married then you she may be able to take you to court to receive money or property that she can prove is hers (checks or other paperwork). You shoudl speak with a lawyer in either case just to make sure you have all of your bases covered.
Be sure to collect any paperwork that you may have signed together or any bank or investment accounts that you may have shared (including credit cards). If you have paper work regarding the "giving" of the truck and car- it would be good to have those together. Did you sign the title or car payments or car insurance over into her name?
I do not know if you can sue her for money you invested in her business- you should speak with a lawyer in your area about it.
I hope this was of some help.
Answer Dear Darwin,
Looks like you have found some good info! Unfortunately I am not a lawyer so I cannot tell you whether she can sue you or you can sue her- that's for an attorney in your area to answer. As you know there are many ways to interpret the "law" so I would, for the ease of mind, take what you have found on the internet, answer what conditions may or may not be true and speak with a lawyer. If you ex wants to try harrassing or threatening you you can let her know that you have foudn out your rights and are prepared should she then decide to action.
