HOW DOES COMMON LAW MARRIAGE WORK IN COLORADO?
Common law marriage in Colorado is a full legal marriage formed without a license or ceremony. Since 2021, the test has been whether the couple mutually agreed to enter the legal and social institution of marriage and then acted in a way that shows that agreement, and there is no minimum time you must live together.
The practical questions usually come later: how to prove the marriage if it is challenged, what an affidavit of common law marriage does and does not do, and how to end one. A common law marriage ends the same way a ceremonial marriage does, through a divorce case or the death of a spouse.
TABLE OF CONTENTS
- What Is a Colorado Common Law Marriage?
- Can a Colorado Common Law Marriage Be Certified?
- What If Common Law Spouses Move to Another State?
- How to End a Colorado Common Law Marriage
- Frequently Asked Questions
- Talking With a Colorado Springs Family Law Attorney
- Sources
WHAT IS A COLORADO COMMON LAW MARRIAGE?
A common law marriage in Colorado is a specific arrangement the law recognizes and sanctions, even though the state does not issue a license or certificate for it. A legal common law marriage confers all the advantages and responsibilities of a formal marriage.
For more than 100 years, Colorado has accepted common law marriages: the Colorado Supreme Court's 2021 decision in Hogsett v. Neale quotes a 1923 case, In re Peters' Estate, which said the statutory method of contracting marriage "is not exclusive." In fact, Colorado is one of very few states that permit its residents to form this type of union. In 2021, Hogsett counted Colorado as one of only ten jurisdictions, including the District of Columbia, that still allowed it.
Living together and holding yourselves out as married still matter, but they are no longer the test. In Hogsett v. Neale, 2021 CO 1, decided January 11, 2021 together with In re Estate of Yudkin, 2021 CO 2, and In re Marriage of LaFleur and Pyfer, 2021 CO 3, the court held that a common law marriage "may be established by the mutual consent or agreement of the couple to enter the legal and social institution of marriage, followed by conduct manifesting that mutual agreement."
The key question, the court said, is whether the partners mutually intended "to share a life together as spouses in a committed, intimate relationship of mutual support and mutual obligation." An agreement alone does not suffice; there must be some evidence of later conduct showing it.
Did a 2025 Law Change Common Law Marriage?
It did not end it. When Colorado repealed its old "one man and one woman" marriage provision in 2025 (SB25-014), it also deleted a subsection of C.R.S. 14-2-104 saying the licensing rules do not invalidate an otherwise valid common law marriage. HB26-1218, signed May 5, 2026, restored it: the section "does not repeal or invalidate any otherwise valid common law marriage" entered before September 1, 2006, or entered on or after that date in compliance with C.R.S. 14-2-109.5 (Session Laws 2026, chapter 114).
The 2025 online statutes do not yet show the restored text. Recognition itself has long rested on court decisions, most recently Hogsett, with the legislature setting the age and prohibited-marriage limits in C.R.S. 14-2-109.5.
What Are the Requirements for a Colorado Common Law Marriage?
Many people wrongly believe that just living together for a certain duration of time can constitute a common law marriage. This assumption is incorrect: there is no time factor that dictates the validity of a Colorado common law marriage, and in Yudkin the court said cohabitation and reputation "do not create a presumption of a common law marriage."
Simply put, for a common law marriage to be valid in Colorado, the couple must have agreed to be married and then lived in a way that shows it, and the requirements below must be met:
- Both partners must be at least 18 years of age. Under C.R.S. 14-2-109.5, a common law marriage entered into on or after September 1, 2006 is not valid in Colorado unless each party was 18 or older at the time, whether it was formed here or in another state.
- The marriage must not be banned under any other state statute, such as the bars on incest or bigamy. C.R.S. 14-2-110 prohibits marriages between an ancestor and a descendant, a brother and a sister, an uncle and a niece, or an aunt and a nephew, and a marriage entered before an earlier marriage or civil union of one of the parties was dissolved.
- That last point covers a partner who is still legally married to another person, and the common law marriage is not valid. But a partner who lived with them in the good-faith belief that they were married may be a "putative spouse" under C.R.S. 14-2-111, which protects, for example, partners who formed a union with someone who withheld that information. A putative spouse acquires the rights of a legal spouse, including maintenance after the status ends; if there is also a legal spouse, the court divides property, maintenance and support rights among them as is just.
For more on the 2021 test and the evidence courts look at, see our guide to how to know if you're common law married in Colorado.
CAN A COLORADO COMMON LAW MARRIAGE BE CERTIFIED?
No, for that you would have to get married using the conventional practice, with a license. The Colorado Department of Public Health and Environment's vital records page says plainly: "Official verification of a common-law marriage isn't available."
But many common law couples choose to sign an affidavit of common law marriage as a way of documenting their status. The same CDPHE page explains that couples may complete and sign an affidavit of marriage in front of a notary and may file it with a Colorado county clerk and recorder's office, and it links to a sample affidavit. The affidavit is the couple's own sworn statement; in the 2026 case discussed below, it said the couple had held themselves out as spouses and lived together as spouses since September 2016.
What an Affidavit Does Not Do
An affidavit is evidence, not proof. In In re Marriage of Lundin, 2026 COA 35, decided May 7, 2026 in a Garfield County case, the trial court found the couple signed one to get health insurance for one partner's son. The Court of Appeals agreed that "the affidavit alone couldn't establish the existence of a common law marriage" and affirmed the finding that there was no marriage, given the couple's separate living space, few joint finances and lack of a reputation as spouses.
The practical lesson cuts both ways. Sign an affidavit only if you both mean it, and do not treat one as the last word if your marriage is later disputed.
These unions are legal and binding under the laws of Colorado. A majority of states no longer allow couples to form one, though, and whether another state will recognize a Colorado common law marriage is a separate question, discussed below.
What Happens If a Common Law Marriage Is Challenged?
If for any reason the validity of a common law marriage is challenged in Colorado, usually in a divorce or a probate case, the person claiming the marriage must prove it by a preponderance of the evidence. Courts look at the totality of the circumstances, and the couple can show a common law marriage in a variety of ways, including:
- An express agreement to marry, such as an accepted proposal, which courts give weight.
- Filing joint state and federal tax returns.
- Opening a joint checking or savings account, or other joint banking and credit.
- Both partners are listed on a mortgage or own property together.
- Both partners are listed on a lease or share household bills.
- One partner takes the surname of the other.
- Joint estate planning, such as wills, powers of attorney and beneficiary designations.
- In public conversations, the couple openly refers to their union as a marriage, and they mark it with symbols of commitment such as ceremonies, anniversaries, cards and gifts.
No single item is required, and none settles the question alone. Hogsett said the older factors "can still be relevant" but "must be assessed in context," and noted that a couple's financial arrangements "may also be less telling these days than before."
In Yudkin, for example, a probate magistrate gave "tremendous weight" to the couple's separate tax filings. The Supreme Court vacated the court of appeals' judgment and had the case returned to the probate court to reconsider it under the refined test.
The conduct does not always have to be public. Hogsett held that it need not take the form of "mutual public acknowledgment" in every case, for example where a same-sex couple had reasons not to publicize the relationship, but there must still be "some objective evidence of the relationship." In LaFleur, the court held that a same-sex common law marriage entered in Colorado before the state recognized same-sex marriage can be recognized.
WHAT IF COMMON LAW SPOUSES MOVE TO ANOTHER STATE?
If you and your common law spouse move from Colorado to a state that does not allow common law marriages to be formed, your valid Colorado common law marriage does not end under Colorado law. Whether the new state treats you as married depends on its own law, not on Colorado's.
Many states recognize a marriage that was valid where it was formed, but the rules are not uniform. Before you rely on your status for benefits, property or a divorce filing in another state, get advice from a lawyer where you now live.
Colorado applies the same idea to couples who arrive here. Under C.R.S. 14-2-112, Colorado recognizes marriages that were valid where they were contracted, but a common law marriage formed elsewhere on or after September 1, 2006 must still meet the age and prohibited-marriage limits of C.R.S. 14-2-109.5.
HOW TO END A COLORADO COMMON LAW MARRIAGE
There is no common law divorce. A valid common law marriage ends only through a dissolution of marriage case or the death of a spouse, so moving out, dividing your belongings or agreeing that it is over leaves you legally married.
The process is the same one ceremonially married couples use. Under C.R.S. 14-10-106, one spouse must have been domiciled in Colorado for 91 days before filing, the court must find the marriage irretrievably broken, and no decree can enter until 91 days after the court acquires jurisdiction over the respondent.
The Judicial Branch's petition, JDF 1011, asks when and where the parties were married and has no separate box for a common law marriage. The List of Fees shows $260 to file a petition and $146 to respond, as published in January 2025 and subject to change. In El Paso and Teller counties, the case is filed in the Fourth Judicial District, and our Colorado divorce timeline explains the local steps.
When One Partner Says There Was No Marriage
If one partner denies the marriage, the court decides that question first under the Hogsett test. If it finds a marriage, it divides property, considers maintenance and allocates parental responsibilities under the same statutes as any divorce; in LaFleur, the Supreme Court sent the case back for findings under C.R.S. 14-10-113 (property) and C.R.S. 14-10-114 (maintenance).
The date the marriage began can matter a great deal, because marital property under C.R.S. 14-10-113 is generally property acquired after the marriage. A Colorado Springs divorce lawyer can help you gather evidence of when the agreement was made. If the court finds there was no marriage, questions about children are handled as they are for any unmarried parents in Colorado.
Legal Separation Instead of Divorce
Common law spouses can also ask for a legal separation, which C.R.S. 14-10-106 provides as an alternative to a decree of dissolution. Our article on legal separation vs. divorce in Colorado explains the differences.
When the Marriage Was Never Valid
If the relationship was a prohibited marriage, for example because one partner was still married to someone else, it is not a valid marriage. A declaration of invalidity on that ground can be sought under C.R.S. 14-10-111 at any time before either party dies or, after a death, until the estate is settled, and the putative spouse rules may still protect a partner who acted in good faith. Our guide to annulment in Colorado covers declarations of invalidity.
FREQUENTLY ASKED QUESTIONS
Is Common Law Marriage Still Legal in Colorado?
Yes. Colorado courts recognize common law marriage under the test the Colorado Supreme Court set in Hogsett v. Neale in 2021, and HB26-1218, signed May 5, 2026, restored statutory language confirming that the marriage licensing section does not invalidate an otherwise valid common law marriage.
How Do You Prove a Common Law Marriage in Colorado?
The person claiming the marriage must show, by a preponderance of the evidence, that both partners agreed to enter a marriage and then acted on that agreement. Courts weigh all the circumstances, including any express agreement, joint finances and property, estate planning, and how the couple referred to each other.
Does an Affidavit of Common Law Marriage Make It Official?
No. Colorado does not verify common law marriages, and in 2026 the Court of Appeals agreed that an affidavit alone could not establish one. A court weighs the affidavit together with how the couple actually lived.
How Long Do You Have to Live Together to Be Common Law Married in Colorado?
There is no minimum time. What matters is a mutual agreement to be married followed by conduct showing it, and living together does not create a presumption of marriage.
Do You Need a Divorce to End a Common Law Marriage in Colorado?
Yes. A valid common law marriage ends only through a dissolution of marriage case or the death of a spouse, and the process and filing fees are the same as for any Colorado divorce.
What If One Partner Was Still Married to Someone Else?
Then the common law marriage is prohibited and not valid under C.R.S. 14-2-110. A partner who lived with them in the good-faith belief that they were married may still have the rights of a putative spouse under C.R.S. 14-2-111, including maintenance.
TALKING WITH A COLORADO SPRINGS FAMILY LAW ATTORNEY
Our office fields many questions about common law marriages in Colorado each month. If you have questions like "how much does a divorce lawyer cost," or about proving, disproving or ending a common law marriage, you can read about our Colorado Springs family lawyer before you contact us.
Moran, Allen & Associates Family Law Attorneys works with families in El Paso and Teller counties. Call (719) 447-0762 in Colorado Springs or (719) 686-7554 in Woodland Park, or schedule a free consultation.
This article is general information about Colorado law as of October 2026 and is not legal advice. Laws and court procedures change, and whether a common law marriage exists depends on the facts of your relationship, so speak with a licensed Colorado attorney about your situation.
SOURCES
- Hogsett v. Neale, 2021 CO 1, Colorado Supreme Court Opinion
- In re Estate of Yudkin, 2021 CO 2, Colorado Supreme Court Opinion
- In re Marriage of LaFleur and Pyfer, 2021 CO 3, Colorado Supreme Court Opinion
- In re Marriage of Lundin, 2026 COA 35, Colorado Court of Appeals Opinion (May 7, 2026)
- C.R.S. 14-2-104, Formalities (2025 compilation, before HB26-1218)
- SB25-014, Protecting the Freedom to Marry (2025)
- HB26-1218, Clarifying Validity of Common Law Marriage (signed May 5, 2026)
- Session Laws 2026, Chapter 114 (HB26-1218), Enacted Text
- C.R.S. 14-2-109.5, Common Law Marriage Age Restrictions
- C.R.S. 14-2-110, Prohibited Marriages
- C.R.S. 14-2-111, Putative Spouse
- C.R.S. 14-2-112, Marriages Contracted Outside Colorado
- C.R.S. 14-10-106, Dissolution of Marriage and Legal Separation
- C.R.S. 14-10-111, Declaration of Invalidity
- C.R.S. 14-10-113, Disposition of Property
- C.R.S. 14-10-114, Spousal Maintenance
- Colorado Judicial Branch, JDF 1011 Petition for Divorce or Legal Separation
- Colorado Judicial Branch, List of Fees
- Colorado Department of Public Health and Environment, Vital Records: Common-Law Marriage and Sample Affidavit