Can I fight for common law marriage rights in Colorado for my home here?
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Can I fight for common law marriage rights in Colorado for my home here?
My husband not legally married and I are
residence of Minnesota but we have a home
here in Colorado where I reside with my 2 kids
from a previous marriage. My kids go to school
in Colorado. I have a home here but it is solely
in my husbands name. We have been together
for 11 years and I would like to know, if we split,
could I claim Colorado law of common law for
the house here? We have 3 homes, one in
Minnesota that we are building now, one in
Colorado that we bought in 2015, and one in a
Florida that we bought in 2016. All in his name
with his money, Im a stay at home mom.
Thank you,
Joey
Asked on September 18, 2019 under Family Law, Colorado
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Common law marriage is formed only in the state of the couple's residence, and only if they met the requirements for common law marriage (in CO: living together; both people wanted to be married to each other; both acted in ways that showed they considered themselves spouses, such as referring to each other in front of other people as "husband" or "wife") in that state while they were resident in it. So if you and your husband had been CO residents and, while CO residents, met the criteria for common law marriage, you should be able to claim marital rights.
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