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Are we common law married?

Denver, CO |

My Girlfriend moved to my house in may 2012 and than she left me for a about a month from August 2012 to September 2012. Than she lived with me for from September 2012 until August 2013. I provided her a health insurance from october 2012 till now and I had to sign Affidavit of Domestic Partnership. We didn't have joint account and I didn't put her as dependent on my taxes. We have baby boy together. Are we common law married?

Attorney Answers 2


  1. The answer is maybe. A common law marriage requires a determination that two people have held themselves out as a married couple to the public for a sufficient period of time after considering a number of different factors, several of which you identified in your question. Co-habitation is a jumping off point, but in most cases doesn't get you there by itself. Consult a family law attorney for further information on your particular case.

    DISCLAIMER: This above communication is for general informational purposes only. It does NOT constitute legal advice and SHOULD NOT be used or relied upon as such. Moreover, the above communication does not create an attorney-client relationship between Boal Law Firm and/or Attorney Brian Boal and any other person or entity. Legal representation by Boal Law Firm and/or Attorney Brian Boal is available but shall be set forth specifically in a separate written fee agreement signed by the parties.


  2. Colorado recognizes common law marriage but the parties have to intend to be married and hold themselves out to the community as being married. Domestic partnership is not the same as marriage.

    Whether a common law marriage exists in any particular case must be reviewed by a lawyer. The question is not always simple and my addressing of the law does not constitute legal advice in any particular case

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