How To Protect Yourself From An Accidental Common Law Marriage in Colorado

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Did you know that Colorado is just one of eight states in the whole country that allows for common law marriage? Hi, I’m Marie Drake of the Drake law firm. And today I’m going to talk to you about some of the factors that create a common law marriage in the state, and whether or not you should avoid them. Colorado courts look at a number of things that would create a common law marriage, and each one of them is not necessarily determinative, whether it is a balancing factor and the courts look at all the different things and decide, is this a marriage or not, you don’t even have to have a marriage license to actually be married in the state. There’s a number of things a court will look at and trying to figure out if people are common law married to each other. And here’s a few of them. If you get a credit card together, if you move in together, if you file taxes together if you get health insurance together. And if you just go to a party and say to family and friends, hey, we’re Mr. And Mrs. Now, you don’t even have to be wearing wedding rings. But when you’re holding yourself out to the community and saying that you’re married, that can be considered being married in Colorado. If you want to avoid being common law married in Colorado, the best thing to do is never be in a relationship. However, that’s totally unrealistic. And I would never encourage that. But if you want to avoid common law marriage, it’s best to have a written agreement before you move in together. It’s best to consider stating in writing that your intention is to not be married in this relationship. I know that doesn’t sound very romantic, but it’s a way to protect yourself, especially if you’re an asset. So consider that and give us a call if you have any questions here at the Drake law firm. We have trial experience with common law marriages, and we’re happy to share what we’ve learned.

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