Common Law Marriage dispute

[dusty666]

What is the name of your state? My state is South Dakota. But the question at hand is in Colorado. My father passed away on the 25th. of June, and I am the only child. My father married a woman in 1990, but divorced right away because she would lose medical and SSI benifits. They did however remain a couple through the years. Now she is claiming Common Law Wife to be able to make the decisions and keep all is belongings. They never filed taxes together, and everything was in His name. Is she legally the one to be able to call the shots, or do I have a winning chance at disputing.

[I AM ALWAYS LIABLE]

Originally Posted by dusty666

What is the name of your state? My state is South Dakota. But the question at hand is in Colorado. My father passed away on the 25th. of June, and I am the only child. My father married a woman in 1990, but divorced right away because she would lose medical and SSI benifits. They did however remain a couple through the years. Now she is claiming Common Law Wife to be able to make the decisions and keep all is belongings. They never filed taxes together, and everything was in His name. Is she legally the one to be able to call the shots, or do I have a winning chance at disputing.

My response:

How do you know they never filed taxes together? And, why would that matter anyway?

A common-law marriage in Colorado is valid for all purposes, the same as a ceremonial marriage. It can be terminated only by death or divorce. The common-law elements of a valid marriage are that the couple (1) is free to contract a valid ceremonial marriage, i.e., they are not already married to someone else; (2) holds themselves out as husband and wife; (3) consents to the marriage; (4) cohabits; and (5) has the reputation in the community as being married. The single most important element under common law was the mutual consent of the couple presently to be husband and wife. All the rest was considered evidence of this consent or exchange of promises. The only time requirement necessary was time enough reasonably to establish these circumstances.

You don't stand a chance.

IAAL