Common Law Marriage in Colorado: Legal Requirements and Exceptions

Unlike many U.S. states, Colorado is one of the few that legally recognizes common law marriage. That means you don’t have to obtain a marriage license or hold a formal ceremony to be considered legally married—if certain requirements are met.

This article breaks down what qualifies as a common law marriage in Colorado, how it is recognized, how it can be proven, and the legal rights and responsibilities involved.

Is Common Law Marriage Legal in Colorado?

Yes. Colorado recognizes common law marriage. Couples can be considered legally married without a license or ceremony as long as they meet specific criteria that demonstrate mutual intent to be married.

There’s no minimum amount of time you must live together. Instead, your conduct as a couple is what matters most.

Legal Requirements for Common Law Marriage in Colorado

To form a common law marriage in Colorado, the couple must meet these general conditions:

• Both individuals must be at least 18 years old
• Both must mutually consent and intend to be married
• They must present themselves publicly as a married couple

This intent and public presentation can be demonstrated through actions such as:

• Referring to each other as spouses
• Sharing the same last name
• Filing joint tax returns
• Holding joint bank accounts or mortgages
• Listing each other as a spouse on insurance or legal documents

There is no single legal document that confirms a common law marriage in Colorado—it must be proven through consistent behavior and shared intent.

How Is Common Law Marriage Proven?

If a dispute arises—such as during a breakup, death, or legal proceeding—the court will consider evidence to determine whether a common law marriage existed. Common types of evidence include:

• Joint financial documents
• Lease or mortgage in both names
• Testimonies from friends and family
• Insurance or pension beneficiary designations
• Social media posts or wedding celebrations

Ultimately, a judge decides if a common law marriage is valid based on the totality of circumstances.

Common Law Divorce in Colorado

If you are in a recognized common law marriage in Colorado, you must go through a legal divorce to end the relationship—just like with a formal marriage.

This means:

• Division of marital property
• Alimony (spousal maintenance)
• Custody and child support (if applicable)

Simply moving out or ending the relationship informally does not dissolve the marriage legally.

Recognition in Other States

Most U.S. states will honor a valid common law marriage established in Colorado under the Full Faith and Credit Clause of the Constitution.

However, if you move to another state, you may need documentation or proof that the relationship qualifies as a marriage under Colorado law.

Tips for Protecting Your Relationship

If you’re in a long-term relationship in Colorado and want to ensure your legal rights are protected, consider the following steps:

• Keep clear financial records that show joint responsibility
• Sign a cohabitation agreement outlining property and financial rights
• Ensure legal documents like wills, POAs, and insurance policies reflect your intent

Final Thoughts

Colorado is one of the few states that fully recognizes common law marriage, giving long-term partners the same legal rights and responsibilities as traditionally married couples—without needing a wedding or license.

But with this flexibility comes the need for clear intent and evidence. If you believe you’re in a common law marriage—or want to avoid one—it’s smart to document your wishes legally.

About The Author