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Are we in a common law marriage if the couple refer to

themselves as a couple but...
Are we in a common law marriage if the couple refer to themselves as a couple but have no financial documentation, jointly owned property, joint taxes, joint bank accounts etc?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: Yes Colorado. I am researching and coming up with confusing info.
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: Yes I am wanting to defend against my ex boyfriend proving Common Law. A more concise body of info would be so helpful.
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Answered in 4 minutes by:
1/30/2017
Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31,817
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Verified

HI - my name is ***** ***** I'll be glad to assist.

Under Colorado law, common law marriage is established by these three factors:

1. Cohabitation

2. Mutual agreement to be married, and

3. Openly hold yourselves out to the public as married.

So, if those factors are met, the marriage would be established regardless of anything else.

Ask Your Own Family Law Question

The complicating issue can be the agreement. Usually, a couple does not have an "express" agreement or a formal affidavit of common law marriage. So, courts often look at whether the couple files joint tax returns, names each other on legal documents, insurance policies, etc. Sometimes, even small things like a car registration, a Christmas card or a phone book listing can prove or disprove the existence of a marriage.

Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31,817
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
Verified
Roger and 87 other Family Law Specialists are ready to help you
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Roger
Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31,817
31,817 Satisfied Customers
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters

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