(Closed) Ha, so apparently we're married (common law, anway) already!

posted 5 years ago in Legal
Post # 3
7405 posts
Busy Beekeeper
  • Wedding: October 2010

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
4669 posts
Honey bee

@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
3731 posts
Sugar bee
  • Wedding: September 2014

@jwdesiree:  I can hear Judge Judy now!

Post # 6
9142 posts
Buzzing Beekeeper
  • 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:

  1. Cohabitate,
  2. Mutually agree to be married, and
  3. Openly hold themselves out to the public as married.

Post # 7
405 posts
Helper bee
  • Wedding: June 2014

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.

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