Sometimes, a couple can be recognized as married under the law when they have not actually gone through a formal ceremony. This means that people who have been in a serious relationship for a significant amount of time can benefit from the security of joint assets and inheritance rights if they were to split up or if one of them should pass away.
However, many couples wrongly assume that they are recognized as married under common law, when, in fact, they are not. This is why it is important that couples in the state of Colorado understand how common law marriage works and that they know whether they are deemed to be in a common law marriage.
What are the elements of a marriage that are recognized under common law?
There are certain common law elements of marriage that are recognized under the law. They are that both individuals are of the necessary age to marry and they are not married to anyone else. They must live together, mutually consent to the marriage, and they are recognized as married both within their relationship and from the outward community.
Why can it be complex to prove common law marriage?
Many couples make the mistake of assuming that they are in a common law marriage just because they have been living together for many years. This instance alone is not enough to validate a common law marriage in Colorado. A couple must prove that all elements of a common law marriage are present. This includes the mutual consent to wanting to be in a marriage, and that explicit intent from both parties is present.
Why can being in a common law marriage be beneficial?
There are many reasons why being recognized to be in a common law marriage can be beneficial. For example, banks or insurance companies may want proof of your marital status. In addition, creating an estate plan can be much simpler when you are recognized as married.
If you want to understand whether you are recognized as married under common law in Colorado, it is important that you take action to understand more about the legal process.