HOW DO YOU KNOW IF YOU'RE COMMON LAW MARRIED IN COLORADO?
You are common law married in Colorado if you and your partner mutually agreed to enter the legal and social institution of marriage and then acted in a way that shows that agreement. There is no license, no ceremony, and no minimum period of living together.
Common law marriage in Colorado is a legal marriage, not a lesser status. Once it exists, it ends the same way a ceremonial marriage does: through a divorce case or the death of a spouse.
This guide explains the test the Colorado Supreme Court set in 2021, who can form a common law marriage, the evidence courts look at, how the affidavit of common law marriage fits in, and the myths that cause the most trouble.
TABLE OF CONTENTS
- Does Colorado Recognize Common Law Marriage?
- The Current Test From Hogsett v. Neale
- Who Can Form a Common Law Marriage
- No Minimum Time Living Together
- Evidence Courts Consider
- Same-Sex Couples
- The Affidavit of Common Law Marriage
- How a Common Law Marriage Ends
- Moving Out of Colorado
- Common Misconceptions
- Frequently Asked Questions
- Talking With a Colorado Springs Family Law Attorney
- Sources
DOES COLORADO RECOGNIZE COMMON LAW MARRIAGE?
Yes. Colorado is one of the states where a couple can marry without a license or ceremony. On January 11, 2021, the Colorado Supreme Court decided three cases together, Hogsett v. Neale, 2021 CO 1; In re Estate of Yudkin, 2021 CO 2; and In re Marriage of LaFleur and Pyfer, 2021 CO 3, and restated how courts decide whether a common law marriage exists.
Courts continue to apply that test. In May 2026, the Colorado Court of Appeals used it in In re Marriage of Lundin, 2026 COA 35. The legislature also sets an age rule for common law marriages in C.R.S. 14-2-109.5, discussed below.
You may read that a 2025 law changed this. When Colorado removed its old "one man and one woman" marriage language in 2025 (SB25-014), it also deleted a sentence in C.R.S. 14-2-104 stating that the licensing statute does not invalidate an otherwise valid common law marriage. The legislature restored that sentence, without the gender language, in HB26-1218, signed May 5, 2026; the 2025 online compilation of the statutes does not yet show the restored text.
A common law marriage carries the same legal consequences as a ceremonial one. In LaFleur, for example, the Supreme Court sent the case back for new findings on property division and maintenance under the same statutes that govern every Colorado divorce.
THE CURRENT TEST FROM HOGSETT V. NEALE
In Hogsett v. Neale, the Colorado Supreme 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 court described the key question as whether the parties mutually intended to enter a marital relationship, meaning "to share a life together as spouses in a committed, intimate relationship of mutual support and obligation." Courts should give weight to evidence of an express agreement to marry. Without that evidence, the agreement may be inferred from the couple's conduct.
Agreement Plus Conduct
An agreement alone is not enough. The court said there "must be some evidence of subsequent conduct manifesting that agreement." The decision depends on the totality of the circumstances, and "no single factor is dispositive."
What Changed From the 1987 Test
Before 2021, courts relied on a list of factors from People v. Lucero (1987), which pointed foremost to living together and a couple's reputation in the community as married. In Hogsett, the court said it would "refine the test from Lucero" because those factors had become "less reliable markers" of marriage.
The older factors can still be relevant, but they must be assessed in context. As the court put it, "cohabitation is no longer synonymous with marriage."
WHO CAN FORM A COMMON LAW MARRIAGE
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, at the time it began, each party was 18 or older and the marriage was not prohibited. That rule applies whether the common law marriage was formed in Colorado or in another state.
Prohibited marriages are listed in C.R.S. 14-2-110. They include a marriage entered into before an earlier marriage or civil union of one of the parties was dissolved, and marriages between close relatives, such as an ancestor and descendant, a brother and sister, or an uncle and niece.
When One Partner Was Still Married
Someone who lived with a partner in the good-faith belief that they were married may be a "putative spouse" under C.R.S. 14-2-111. A putative spouse acquires the rights of a legal spouse, including the right to maintenance after that status ends, and the status lasts until the person learns they are not legally married. If there is also a legal spouse, the court apportions property, maintenance, and support rights among them in the interests of justice.
NO MINIMUM TIME LIVING TOGETHER
There is no rule that living together for seven years, or any other number of years, makes you married in Colorado. Nothing in the Hogsett test turns on how long you have lived together.
The reverse is also true. A couple who lived together for many years without agreeing to be married is not married, and in In re Estate of Yudkin the court said cohabitation and reputation "do not create a presumption of a common law marriage."
What matters is whether you both agreed to be married and then lived in a way that reflects that agreement. A relatively short relationship can meet the test, and a very long one can fall short.
EVIDENCE COURTS CONSIDER
When a common law marriage is disputed, usually in a divorce or a probate case, the person claiming the marriage has the burden to prove it by a preponderance of the evidence. Courts look at the whole relationship. The table below summarizes how the 2021 decisions treat common types of evidence.
| Evidence | How courts treat it after 2021 |
|---|---|
| An express agreement to marry, such as a proposal accepted or an exchange of rings | Given weight. In Yudkin, testimony that one partner gave the other a ring and asked her to be his wife could be evidence of an express agreement "if credited." |
| Joint bank accounts, joint credit, leases or property in both names | Relevant evidence of shared financial responsibility, weighed in context. |
| Joint tax returns | Relevant, but filing separately is not automatically fatal. In Yudkin, the probate magistrate gave separate filing "tremendous weight," and the Supreme Court sent the case back for reconsideration under the refined test. |
| Keeping finances separate | Not necessarily a sign that the couple did not intend to be married. |
| Using the same last name | May be relevant, but not sharing a name no longer necessarily weighs against marriage. |
| Ceremonies, anniversaries, cards, gifts, rings | Symbols of commitment the court may consider. |
| Calling each other husband, wife, or spouse | Relevant. In Hogsett, the partners never referred to each other as wife or mentioned marriage in the letters and cards they exchanged, which was part of the record supporting the finding of no marriage. |
| Living together and reputation as married | Still relevant, but they do not create a presumption of marriage, and courts no longer assume cohabitation shows an intent to marry. |
Couples Who Kept Their Relationship Private
The conduct showing a marriage does not always have to be public acknowledgment. Hogsett recognized that a couple, particularly a same-sex couple, may have reasons other than a lack of agreement for not broadly publicizing their relationship. There still must be some objective evidence of the relationship.
SAME-SEX COUPLES
The test applies equally to same-sex and different-sex couples. In Hogsett, the court described the old test's "gender-differentiated terms and heteronormative assumptions" and said "Lucero's heteronormative view of marriage can no longer stand."
In LaFleur and Pyfer, the court held that a court may recognize a same-sex common law marriage entered in Colorado before the state recognized same-sex marriage in October 2014. The laws that once barred same-sex couples from marrying were void and cannot serve as an impediment, because the U.S. Supreme Court's 2015 marriage equality decision applies retroactively.
LaFleur also told courts to consider the context of those earlier years. A couple's choice not to publicize their relationship in a hostile environment "does not necessarily reflect a lack of mutual agreement to be married."
THE AFFIDAVIT OF COMMON LAW MARRIAGE
Colorado does not issue certificates for common law marriages. The Colorado Department of Public Health and Environment's vital records page states that "Official verification of a common-law marriage isn't available." It explains that couples may complete and sign an affidavit of marriage in front of a notary and may file it with a county clerk and recorder.
An affidavit is evidence, not proof. In In re Marriage of Lundin, a couple signed an affidavit of common law marriage to obtain 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 upheld the trial court's finding that no marriage existed after weighing the affidavit against the couple's other conduct.
The practical lesson cuts both ways. Do not sign an affidavit unless you both mean it, and do not assume that signing one settles the question.
HOW A COMMON LAW MARRIAGE ENDS
There is no such thing as a common law divorce. A valid common law marriage ends only through a dissolution of marriage case or the death of a spouse. Moving out, splitting your belongings, or agreeing that it is over does not end the marriage.
The divorce process is the same one ceremonially married couples use. Under C.R.S. 14-10-106, at least 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 fees are the same too. The Colorado Judicial Branch's List of Fees shows $260 to file a petition for dissolution of marriage and $146 to file a response, as published in January 2025, and those amounts can change.
When One Partner Denies the Marriage
If one partner says there was never a marriage, the court decides that question first, using the Hogsett test. If the court finds a marriage, it then divides property, considers maintenance, and allocates parental responsibilities under the same statutes as any divorce.
The date the marriage began can matter a great deal, because marital property under C.R.S. 14-10-113 is generally what either spouse acquired after the marriage. A Colorado Springs divorce lawyer can help you gather evidence of when the agreement was made. For costs, see our guide to how much a divorce lawyer costs.
Legal Separation Is Also Available
Common law spouses can seek a legal separation instead of a divorce, just like any married couple. Our article on legal separation vs. divorce in Colorado explains the differences.
MOVING OUT OF COLORADO
Under Colorado law, leaving the state does not end a valid Colorado common law marriage. Whether a court in another state will treat you as married depends on that state's law.
Many states recognize marriages that were valid where they were formed, but each state applies its own rules. If you have moved, get advice where you now live before you rely on your marital status for benefits, property, or a divorce filing.
Colorado's own rule for marriages formed elsewhere is in C.R.S. 14-2-112, which recognizes marriages that were valid where they were contracted. For common law marriages formed on or after September 1, 2006, the age and prohibited-marriage limits in C.R.S. 14-2-109.5 still apply.
COMMON MISCONCEPTIONS
- "After seven years, you're married." False. There is no minimum period of living together.
- "Living together makes you common law married." False. Cohabitation is evidence, not a marriage, and it creates no presumption.
- "You have to share a last name or file joint taxes." False. No single factor is required.
- "You have to tell everyone you're married." Not always. Courts consider reasons a couple kept the relationship private, though some objective evidence is still needed.
- "Signing an affidavit makes it official." False. An affidavit is evidence that a court weighs with everything else.
- "We can just split up." False. A valid common law marriage requires a divorce case to end, just like a ceremonial marriage.
If you want certainty going forward, a ceremonial marriage, together with a written premarital or marital agreement, removes much of the doubt. Our guide to the Colorado prenuptial agreement explains how those agreements work.
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. In 2026 the legislature also restored language in C.R.S. 14-2-104 confirming that the licensing statute does not invalidate an otherwise valid common law marriage.
How Long Do You Have to Live Together to Be Common Law Married in Colorado?
There is no minimum time. A common law marriage depends on a mutual agreement to be married followed by conduct showing that agreement, not on the number of years together.
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 divorce.
Does Colorado Recognize Same-Sex Common Law Marriages?
Yes. The Colorado Supreme Court applies the same test to same-sex couples, and in LaFleur it held that a court may recognize a same-sex common law marriage formed in Colorado before the state recognized same-sex marriage.
Does Signing an Affidavit Make Us Common Law Married?
Not by itself. The state does not verify common law marriages, and the Court of Appeals held in 2026 that an affidavit alone could not establish a marriage; courts weigh it together with how the couple actually lived.
Can a 17-Year-Old Enter a Common Law Marriage in Colorado?
No. Under C.R.S. 14-2-109.5, a common law marriage entered into on or after September 1, 2006 is valid only if each party was at least 18 when it began.
TALKING WITH A COLORADO SPRINGS FAMILY LAW ATTORNEY
Whether you are trying to prove a common law marriage, disprove one, or end one, the answer turns on facts specific to your relationship. You can learn more about our Colorado Springs family lawyer before you reach out.
Moran, Allen & Associates Family Law Attorneys works with families in El Paso County and Teller County. Call (719) 447-0762 in Colorado Springs or (719) 686-7554 in Woodland Park, or schedule a free consultation to talk through your situation.
This article is general information about Colorado law as of October 2026 and is not legal advice. Laws and court procedures change, so speak with a licensed Colorado attorney about your own 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
- C.R.S. 14-2-104, Formalities (2025 compilation; subsection (3) restored by HB26-1218)
- SB25-014, Protecting the Freedom to Marry (2025)
- HB26-1218, Clarifying Validity of Common Law Marriage (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. 14-10-113, Disposition of Property
- Colorado Judicial Branch, List of Fees
- Colorado Department of Public Health and Environment, Vital Records: Common-Law Marriage