What is Common Law Marriage?

Colorado recognizes common-law marriage. A common-law marriage is treated just the same as a marriage in which the parties “formally” married. If the parties do not agree that they are common-law married, the court determines whether a common-law marriage exists. A common law marriage is established by both parties’ intent to be husband and wife, evidenced by their conduct, and followed by their mutual and open marital relationship. If two people want to be husband and wife and therefore live together, commingle their finances as husband and wife, and hold themselves out to the public as husband and wife they may create a common law marriage.

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