In Colorado, a common-law marriage (also known as an informal marriage) is a legally recognized marriage without a formal ceremony or marriage license. Unlike many states that have phased out or never recognized common-law marriage, Colorado still acknowledges it — and such a union is treated as a “real” marriage for most legal purposes.
The Basics: How Common-Law Marriage Is Defined in Colorado
To establish a common-law marriage in Colorado, two critical elements must be satisfied:
- Mutual Agreement
The couple must agree to be married — that is, each person must intend to enter into the institution of marriage. - Conduct Manifesting That Agreement
After the agreement, their behavior must reflect that intention: living together, sharing responsibilities, presenting themselves to others as a married couple, etc.
Colorado’s Department of Revenue explicitly lists criteria: (a) cohabitation, (b) mutual consent to be spouses, (c) reputation in the community as being married, and (d) holding yourselves out as spouses.
Importantly, there’s no waiting period in Colorado. You don’t need to live together for a fixed number of years to be common-law married.
How Courts Prove a Common-Law Marriage: The Legal Test
Colorado’s legal test for common-law marriage was significantly refined in January 2021. Here’s how it works now:
- In the case In re Marriage of Hogsett & Neale, the Colorado Supreme Court revisited the old “Lucero test.”
- The Court emphasized that the central question is: Did the parties intend to enter a committed, intimate marital relationship of mutual support and obligation?
- While older “Lucero factors” (such as joint bank accounts, co-ownership of property, using the same last name, filing joint taxes, reputation in the community) remain relevant, they are not conclusive.
- Courts are now more flexible in assessing evidence — the manifestation of the couple’s intent doesn’t have to conform to rigid traditional markers.
Noteworthy Court Decisions
Two recent Colorado Supreme Court cases are especially important:
- In re Marriage of Hogsett & Neale (2021)
- The court refined how to evaluate common-law marriage claims.
- It rejected old heteronormative assumptions in earlier tests and stressed flexible evaluation of conduct + intent.
- In that specific case, the court found no common-law marriage, because there was insufficient mutual intent even though the couple had been together many years.
- In re Marriage of LaFleur & Pyfer (2021)
- The court recognized that same-sex couples can form common-law marriages, even before same-sex marriage was formally legalized in Colorado.
- In this case, the court held that a same-sex common-law marriage formed in 2003 was valid under Colorado law.
These decisions reflect Colorado’s modern understanding of relationships, acknowledging that traditional markers of marriage may not look the same for all couples.
Legal Rights & Consequences of Common-Law Marriage in Colorado
If a court recognizes a common-law marriage, it comes with most of the same legal rights and responsibilities as a formal marriage:
- Termination: Common-law marriages in Colorado must be ended through divorce (just like a licensed marriage).
- Property & Debts: Spouses may divide marital property and debts in a court-ordered divorce.
- Inheritance: Without a will, a surviving common-law spouse may have inheritance rights.
- Recognition by Agencies: Various agencies (like Social Security) and other states will recognize a valid Colorado common-law marriage.
Proving a Common-Law Marriage in Practice: Evidence Matters
Because there is no marriage certificate, proof comes down to evidence. Courts will consider a combination of factors:
- Joint financial accounts (bank, credit)
- Co-ownership of property
- Joint tax returns
- Use of the same last name
- Cohabitation (living together)
- Referring to each other as “husband”/“wife” in public
- Planning for the future: wills, beneficiary designations, joint estate planning
- Public recognition: how friends, family, and the community see you
No single factor “proves” a common-law marriage; rather, it’s the totality of circumstances that matters.
Why Common-Law Marriage Still Matters in Colorado
- Flexibility: It offers a way to be “married” without the formalities of a ceremony or license.
- Legal Protection: It ensures that couples who have built a life together have access to the legal benefits (and obligations) of marriage.
- Inclusivity: The 2021 Supreme Court decisions reflect changing social norms — including recognition of same-sex common-law marriages.
- Planning: For couples who may not have formally married, understanding this doctrine is crucial for estate planning, tax filings, and future disputes.
Important Warnings & Considerations
- Disputes Can Arise: If one partner claims there was an agreement to marry and the other denies it, you may need a court hearing to settle the issue.
- No Magic Formula: There’s no fixed “time rule” (like 5 or 7 years) — intent + conduct are key.
- Be Careful with Representations: How you present your relationship (on tax returns, insurance, leases) can influence whether a court finds a common-law marriage.
- Get Legal Advice: If you’re unsure about your status, or face a dispute (e.g., on death or separation), consult a Colorado family-law attorney.
Final Thoughts
Common-law marriage in Colorado is much more than a myth — it’s a legally recognized institution grounded in mutual agreement and conduct, not paperwork. Thanks to recent court rulings, the standard for proving such a marriage is more modern, flexible, and inclusive than ever before. For couples living as spouses — but without a formal license — understanding how Colorado defines and treats common-law marriages is vital. Whether for protection, planning, or simply knowing your rights, being informed can make a real difference.
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