Common Law Marriage Qualifications

Many people are under the misconception that if they live together for a certain period of time, they are common law married. That is definitely not the case in Colorado. The courts apply a subjective test and look at several factors to determine whether or not the couple “holds themselves out” as a married couple.

Some of the factors the Courts consider consist of the following:
1. Does the couple introduce themselves as husband and wife?
2. Does the woman use the man’s last name?
3. Does the couple file joint income tax returns?
4. Does the couple have joint bank accounts?
5. Is the couple listed as married on health insurance policies?
6. Is the couple listed as married for car insurance purposes?
7. Do they name each other as spousal beneficiaries for life insurance
purposes?
8. Do their family, friends and co-workers consider them husband and wife?