Getting the Gist of Common Law Marriage

Colorado recognizes common law marriage without a license or ceremony if two things are true: you and your partner mutually agreed to enter a marital relationship, and you then acted in a way that showed that agreement.

Colorado courts look at the whole picture rather than any single factor, including whether you introduced each other as spouses, held joint bank accounts or property, filed taxes jointly, or took a shared last name. Living together is one factor courts consider, but the Colorado Supreme Court has made clear it is no longer enough on its own to prove a common law marriage, since plenty of couples live together without intending to be married. If you are unsure whether your relationship legally counts as a marriage, that question matters a great deal if it ends, since it affects property division and support the same way a traditional divorce would.