So you’re living together in Colorado, sharing a Netflix password, maybe even casually thinking you and your partner should get married someday, when it suddenly occurs to you…Am I already married under Colorado law? Colorado is one of the few states that still recognizes common‑law marriages, which means yes, under the right conditions, you could be legally married without ever setting foot in a courthouse or a wedding chapel. But common-law marriage is not automatic. Living together isn’t enough. So, what are the requirements for a common law marriage in Colorado? And, what are the advantages and disadvantages of being common-law married in Colorado? Keep reading to find the answers to your questions and to learn more about Colorado’s laws regarding common law marriage.
What is common‑law marriage in Colorado?
In Colorado, common-law marriage is a relationship that is recognized as a legal marriage without a formal ceremony or license, based on the intentions and conduct of the couple. This allows couples to have a legally recognized relationship without formalities. Your friends, Michael and Jessica, whom you’ve known for years, might not actually be married in the formal sense, meaning they never had a wedding ceremony and never retained a marriage license. But if they meet certain requirements, in the eyes of Colorado law, they could be just as married as any couple you know who said “I do” in front of 150 of their closest friends and family.
What are the requirements for common-law marriage in Colorado?
In Colorado, common-law marriage is primarily governed by case law rather than specific statutes, as the concepts are well-established through court decisions. However, statutory recognition and treatment of common-law marriages can be found in several places within Colorado’s legal framework that address marriage and marriage-related issues.
Section 14‑2‑109.5 of the Colorado Revised Statutes implicitly acknowledges that not all marriages require a license, thereby recognizing the existence of common-law marriages (CO Rev. Stat. §14‑2‑109.5). The first specific guidelines for common-law marriage came from the 1987 case, People v. Lucero. In this case, the Colorado Supreme Court found that for common‑law marriage, the couple must be in mutual agreement to be married, and their conduct must reflect that mutual agreement.
Conduct that demonstrates a mutual agreement to be married includes using the same last name, filing taxes jointly, or telling your friends and family, “this is my wife” or “this is my husband.” This last conduct is often referred to as “holding yourself out as being married.” It’s important to note, however, that a couple’s conduct can imply their mutual agreement to be married regardless of whether they affirm this intent with words (In re Marriage of J.M.H & Rouse (2006)).
Mutual agreement & conduct
In 2021, the case, In re Marriage of Hogsett, the Colorado Supreme Court built upon the two requirements from Lucero and clarified that what matters most is “mutual consent or agreement to enter the legal and social institution of marriage, followed by conduct manifesting that mutual agreement.” No specific checklist of requirements, just an overall picture of your shared life. Here’s a bullet point list to clearly show the requirements for common-law marriage in Colorado:
- Both parties must be at least 18 years old.
- Neither party is already married to someone else.
- There is a mutual consent and agreement to be married.
- The conduct of both parties reflects their mutual intention to be married.
- The parties must cohabitate.
If you don’t meet these requirements, no matter what your intentions or conduct are regarding marriage, Colorado won’t recognize the union. (CO Rev. Stat. §14‑2‑104) It’s important to understand that Colorado doesn’t provide a specific process. It just confirms that fulfilling the case‑law test makes your union valid, assuming age and marital status requirements are met.
Does living together for a long time automatically make you married?
Nope. There’s no “7‑year rule” or a specific timeline in Colorado that you must cohabitate before your relationship becomes a common-law marriage. Whether it’s been a few months or a decade, the question is: Do you both believe you’re married, and do you show that to the world with your behavior? That could mean joint bank accounts, introducing yourselves as spouses, sharing insurance, or even co‑signing leases or deeds. Although cohabitation is a necessary component, it must be accompanied by mutual intent and public representation as a married couple to meet the standard for common-law marriage. In the 2006 case In re Marriage of J.M.H. and Rouse, the Colorado Court of Appeals emphasized that cohabitation alone is insufficient to establish common-law marriage.
Do these rules also apply to same‑sex couples?
Absolutely. Based on the 2015 U.S. Supreme Court’s decision in Obergefell v. Hodges to legalize same-sex marriage, and Colorado’s overall embrace of equality, common‑law marriage applies to everyone (Obergefell v. Hodges (2015)). In fact, same‑sex couples who met the above criteria before same‑sex marriage was legal in 2014 may have had a valid common‑law marriage already ( LaFleur v. Pyfer 2014)). So, there is no difference under Colorado law. Same-sex couples must meet the same requirements for common-law marriage as heterosexual couples.
Do I need to file anything?
You can file an Affidavit of Common‑Law Marriage in your county clerk’s office, but you don’t have to. It’s just additional evidence of your mutual intention and agreement to be married, but it’s not a requirement. If you choose not to file anything, a court will view your conduct throughout your relationship to determine whether a common-law marriage exists. If the court finds that it does, you’ll be held to all the rights and responsibilities of a married couple, like community property division and spousal support, should your relationship end.
How do I end a common-law marriage?
The moment a common‑law marriage is recognized, Colorado treats it just like any ceremonial marriage. That means you’ll need a formal divorce instead of simply moving out. This is a critical point that could easily be missed. In Colorado, you cannot have all of the benefits and responsibilities of a married couple and then choose to end your common-law marriage without a divorce proceeding. You must end your common-law marriage as you would a legal marriage.
Additionally, in Colorado, any marital property is split under the principle of equitable division. This means that marital assets and debts will be divided as a court deems fair and equitable. This doesn’t necessarily mean a 50/50 split. To determine the division of assets upon divorce, a court will look at the circumstances of your marriage in deciding what division of property would be most fair. A judge will consider each partner’s contribution to the acquisition of marital property, including contributions as a homemaker, the financial situation of each partner, and many other factors of the marriage before making a determination. Since common-law marriages are treated like traditional marriages, alimony (aka spousal support) can also come into play during a divorce.
Are there any negatives to common-law marriage?
Since Colorado treats common-law marriages the same as it does traditional marriages, any drawback to standard marriage would apply. The lack of a formal marriage license doesn’t shield you from legal obligations. If your relationship ends, as discussed above, you might face a messy property split, support orders, or even inheritance issues addressed in probate court unless you’ve made specific decisions regarding property division in a prenuptial agreement or in estate planning documents.
And a concept that many people aren’t aware of, but is recognized under Colorado law, is “putative marriage.” Under Section 14‑2‑111 of the Colorado Revised Statutes, if one of you believed in good faith that you were married, you could still be entitled to rights even if the union later turns out to be invalid for some reason (i.e. your partner was secretly married to someone else) (CO Rev. Stat. §14‑2‑111). This means that the partner who genuinely believed they were in a common-law marriage could be entitled to a fair distribution of marital property when the relationship ends.
How does Colorado’s approach compare to other states?
Only eight states and Washington D.C., still allow common‑law marriage, while a few others recognize previously formed common-law marriages in death but refuse to recognize the formation of new common-law marriages. Some states that used to acknowledge these types of marriages have abolished the concept altogether. Colorado has always established the doctrine regarding common-law marriage through case law rather than explicit statutes. The case law route allows flexibility, but also unpredictability, as judges evaluate conduct on a case‑by‑case basis.
What should I do if I think I’m in a common-law marriage?
First, you should have an honest conversation with your partner. Find out their intentions and desires regarding the relationship. Figure out if you both feel married and want to live together as a married couple. Then decide whether you want to be married in the traditional sense or in the common-law sense. If you both want to be in a common-law marriage, you and your partner should keep records, including joint tax returns, shared accounts, shared property, etc. This can help show a court in the future of your mutual intention and agreement to live as a married couple. that show your intention and joint life. Also, consider filing an affidavit with your county clerk to help clarify your intentions. Finally, you and your partner should consult a family law attorney to discuss all aspects of your relationship, from estate planning, to powers of attorney and tax decisions, to drafting a cohabitation agreement.
Final thoughts on common-law marriage
Common‑law marriage in Colorado is real, but it’s not automatic. You both must agree to be in a marriage, and your conduct must reflect that mutual intention. If you meet those requirements and if you’re both adults not already married, then you may already be married under Colorado law. Common-law marriage can be an appealing and liberating path for couples whose relationship feels like marriage, but they have deliberately skipped the ceremony. But with rights comes responsibility! Property division, spousal support, divorce procedures, and inheritance rights are just some of the issues you should discuss openly with your partner. So, sit down with your love and discuss these important topics. Getting on the same page will provide peace of mind and will help you form an intentional plan for your future.
Kendra Strong-Tehrani, is an attorney in Colorado that specializes in Prenups and Estate Planning for busy professionals and families. By providing comprehensive legal services, she helps to keep her clients out of court and conflict. She loves to offer my guidance and support no matter what stage of life her clients are in. Book a Q&A with Kendra here.
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