Post # 1
So I was just looking up marriage licenses in Colorado and found out that we’ve been common law married for two months already!
Haha, apparently opening and maintaining a joint savings/checking account makes us Mr. and Mrs. (Youdathunk the teller would’ve told us that!)
Hopefully he really was in it for the long haul 😉
Anyone else get this surprise (or other significant surprises during the wedding planning process)?
Post # 3
How does that work? I mean- my dad has a joint checking account with his elderly mother to assist her with bills- that would not make them common law alone (I hope!) Are there not some other stipulations??
Post # 4
@jwdesiree: Ha, that’s funny. I found out recently that, according to my insurance, FH is my “domestic partner” because I made him sole beneficiary on my IRA. Whatever, he knows it now and is stoked I can enroll him in my insurance in November.
Post # 5
@jwdesiree: I can hear Judge Judy now!
Post # 6
- Wedding: November 2013 - St. Augustine Beach, FL
@jwdesiree: In reading the law it seems you have to hold yourself out to be spouses as well. The bank account rule is probably only should one of you die to protect the other person’s right to inherit the account.
“A common law marriage is established by the mutual consent or agreement of the parties to be husband and wife, followed by a mutual and open assumption of a marital relationship.” People v. Lucero, 747 P.2d 660 (Colo. 1987). <— case law that established common law marriage in Colorado; the statutes only limit it to being between one man and one woman
According to the case the couple must:
- Mutually agree to be married, and
- Openly hold themselves out to the public as married.
Post # 7
Not quite (I read into it a few years ago). A joint savings account can be aprt of proving you have a common law marraige, but you have to actually be presenting yourself as husband and wife (taxes, calling yourself married, talking about your husband, sharing a last name, etc.).
Here is some info from http://www.state.co.us/gov_dir/leg_dir/olls/PDF/COMMON%20LAW%20MARRIAGE.pdf (ignore weird formatting)
What does the law require for a common law marriage in Colorado?
A couple does not need to obtain a marriage license or participate in a wedding ceremony to have a common law marriage; however, each party must be at least eighteen years old and the couple must:
Mutually consent or agree to live as husband and wife; and Mutually and openly assume a marital relationship.
Therefore, the couple must be adults, must agree that the marriage exists, and must behave in public as a married couple. A court may consider the conduct of the couple and the duration and nature of their relationship to verify the existence of an agreement between them.
Many people mistakenly believe that a couple has a common law marriage after living together for a certain period of time. Living together for a long period of time may help to demonstrate the couple’s agreement to be married, but the law does not require a specific time period.
Post # 8
@eeniebeans: Oh, geez, lol… well I don’t believe THEY would qualify. Although, during my search, I also found out that you can legally marry your cousin in Colorado….
@MmeSilverBullet: Haha! At least since he’s stoked, you know that he really wants to marry you!
Post # 9
@beachbride1216: , @FionnaCake: Yes, my misconceptions about cohabitating were addressed when I looked into it. I think that’s definitely a common one. But, the man refers to me (jokingly…) as his “wife” at work/with friends.
I know there’s more to it. I just thought it was crazy that all we have to do now is refer to each other as husband and wife in public/on forms and we… are! Haha.
@LilRhodyGem: Bahahahaha, while she is quite entertaining, I hope I NEVER have to face Judge Judy. Ah!