Colorado Common-Law Marriage Requirements
Like 11 other states in the United States, Colorado recognizes common-law marriages for cohabiting heterosexual couples in marriage-like relationships. Colorado has recognized common-law marriage since 1877. For a common-law marriage to be legally recognized by the state, there are certain requirements the couple must fulfill, including the intent of the couple and the sharing of financial responsibilities.
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Age and Consent
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For the common-law marriage to be recognized, both parties must be the age of consent, which in Colorado is 18 years old. If one party is not 18 years old at the time the couple begins living together, the common-law marriage will be recognized only after the minor party reaches the age of 18. A parent can give consent for a common-law marriage if the minor is at least 16 years old. Both parties must also enter into the common-law marriage by their own free will and must not already be married.
Intent
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Though a legal ceremony is not a requirement of common-law marriage, the parties must live as man and wife, and must openly consider themselves to be married. This can be established by the conduct of the couple. For example, a couple may be considered to be in a common-law marriage if they refer to each other as husband and wife, if they refer to each other as spouses in conversations with others, or if the woman takes the man's surname.
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Financial Information
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Common-law marriage can also be established by how the couple shares the financial responsibilities of the relationship. For example, they may file joint tax returns, list each other on insurance forms, share property, or hold joint bank accounts. All these factors go into establishing a common-law marriage.
Time
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There is no set time requirement for establishing a common-law marriage, though the longer a couple has been in a relationship, the more likely the couple will be able to establish intent of common-law marriage.
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References
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