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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41221
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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Have been in living together relationship years. It

Customer Question

Have been in living together relationship for 10 years. It is ending do I have e any rights.
Submitted: 1 year ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 1 year ago.
Thank you for your post. Please permit me to assist you with your concerns.
This may depends on where you reside. If I may ask, where do you live? Also, did you ever put yourselves forth as married, or tell others that you were married, or filed tax returns together? Did the other partner ever promise or state that you would be cared for financially if you go your separate ways? Please advise.
Customer: replied 1 year ago.
Reside in Colorado. We were presented as life partners, she specifically stayed away from husband and wife titles, although everyone else saw us that way. She was very careful not to do anything in a joint way. I am a disabled veteran and she took care of me, I own nothing though I have contributed finically. The promises were that we would always be together, I just accepted that. There is a written will promising me the house and cars, all of which are paid for.
Customer: replied 1 year ago.
In fact it was the written will which did not include me as a life partner prompted this divorce.
Expert:  Dimitry K., Esq. replied 1 year ago.
I see. To be honest, your location does make your options a bit more available, which is generally not an expected outcome in your situation. You happen to reside in one of the few remaining 'common law' marriage states, meaning that you can argue, potentially, that you are married. As per the Colorado Attorney General's Office web site, a common-law marriage in Colorado is valid for all purposes, the same as a ceremonial marriage. Only death or divorce can terminate it. The common-law elements of a valid marriage are that the couples (1) are free to contract a valid ceremonial marriage, i.e., they are not already married to someone else; (2) hold themselves out as husband and wife; (3) consent to the marriage; (4) live together; and (5) have the reputation in the community as being married. The single most important element under the common law was the mutual consent of a couple presently to be husband and wife. All the rest were considered evidence of this consent or exchange of promises. No time requirement exists other than the time necessary to establish these circumstances. When proof of common law marriage is required, such as by an insurance company, a signed affidavit can be presented. If you put yourselves forth as married, you may be able to argue marriage, and therefore potentially alimony and support. The promise to be together is not actionable or enforceable, but if you acted as married, you can argue that you are married and therefore entitled to benefits. Otherwise, unless the other person expressly and directly promised support, you wouldn't be entitled to any. Sincerely, ***** *****

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