Common Law Marriage and ProbateA Boutique Law Firm That Produces Results
Common Law Marriage and Probate
What is common law marriage? And how does it relate to probate?
Colorado recognizes the legality of common law marriage. In order to determine if a common law marriage exists, a court will look to the mutual intent and status of the parties and to their conduct, not to the length of time a couple has lived together. Have the parties held themselves out to the community as a married couple? Have they shared bank accounts and filed income tax returns jointly?
In Colorado, there is common law marriage, but there is no common law divorce. When a person dies who has been in a common law marriage, the surviving spouse may be entitled to receive proceeds of that person's estate through the laws of intestate succession. This becomes a point of contention when there are two people who each consider themselves to be the surviving spouse.
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