Legal Question in Real Estate Law in Colorado

If you live with someone for more than a year but do not call them your husband or wife are you common law married


Asked on 3/05/10, 4:39 pm

1 Answer from Attorneys

Michael Haskins Haskins Law Group, LLC

It's not that simple to just give you a "yes" or "no" answer. In Colorado, a common law marriage is established by mutual consent or agreement of the parties to be husband and wife, followed by their mutual and open assumption of the marital relationship. Crandell v. Resley, 804 P.2d 272 (Colo.App.1990).

If you don't agree to be married and don't present yourselves as married, probably not. Note that there is no cohabitation or duration requirement in Colorado common-law marriages. Someone who practices in family law or domestic matters would be able to better answer this than someone in the Real Estate and Personal Property sections of this site.

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Answered on 3/12/10, 7:29 pm


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