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Common Law in Colorado

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exiledangel

Junior Member
What is the name of your state? COLORADO
My deceased sons ex girlfriend (of 2 years ago) is claiming for insurance purposes that she was married to our son. She is claiming that since she lived with him for 6 months 2 years ago that this makes her married to him. Is this so?!?!? I looked up common law in Colorado and found this on the Colorado Attorney Generals website, it does not mention a specific time frame:

COMMON LAW MARRIAGE

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.

Common law marriage is a term used to describe a marriage which has not complied with the statutory requirements most states have enacted as necessary for a ceremonial marriage. The name came from the fact that these marriages were recognized as valid under the common law of England. In 1877, the United States Supreme Court stated, in an action which questioned the validity of a nonceremonial marriage, that marriages which were valid under common law were still valid unless the state passed a statute specifically forbidding them. Meisher v. Moore, 96 U.S. 76 (1877). Since the Colorado legislature has never enacted such a statute, Colorado is part of the minority of states which recognize the validity of common law marriages.

Is she married to our son without his permission or knowledge simply based on living with him for 6 months before he kicked her out for cheating on him?
Barry
 


BelizeBreeze

Senior Member
exiledangel said:
What is the name of your state? COLORADO
My deceased sons ex girlfriend (of 2 years ago) is claiming for insurance purposes that she was married to our son. She is claiming that since she lived with him for 6 months 2 years ago that this makes her married to him. Is this so?!?!? I looked up common law in Colorado and found this on the Colorado Attorney Generals website, it does not mention a specific time frame:
She is an idiot.
Is she married to our son without his permission or knowledge simply based on living with him for 6 months before he kicked her out for cheating on him?
Barry
no she is not.
 

Rushia

Senior Member
http://search.netscape.com/ns/boomframe.jsp?query=Colorado+common+law+marriage&page=1&offset=1&result_url=redir?src=websearch&requestId=dfdea2ba409b4315&clickedItemRank=13&userQuery=Colorado+common+law+marriage&clickedItemURN=http%3A%2F%2Fwww.co.larimer.co.us%2Fclerk%2Frecording%2Fmarriage.htm&invocationType=-&fromPage=NSCPTop&ampTest=1&remove_url=http://www.co.larimer.co.us/clerk/recording/marriage.htm

BB is right, they most likely weren't. Here's a link for you and a little of what it says:

The following are examples of what constitutes a common law marriage:

* The parties hold themselves out to the public as husband and wife.
* Maintenance of a joint checking and/or savings account.
* Joint ownership of property.
* Mutual financial support
* Filing of joint income tax returns
* Registration as husband and wife on applications, leases, contracts, registers, etc.
* Use of the man's surname by the woman

Periods of cohabitation, without the aforementioned, do not constitute a common law
 

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