Do I need another divorce if I lived with my ex-husband again after the divorce and bought another house together?

UPDATED: Oct 1, 2022

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Do I need another divorce if I lived with my ex-husband again after the divorce and bought another house together?

A year after getting a divorce, my ex-husband and I moved back in together and

bought another house together. Would this be considered common law marriage and require another divorce filing?

Asked on June 28, 2018 under Family Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

No, living together does NOT by itself create common law marriage.  In your state (Colorado), in addition to living together, you must also:
1) Both agree to be married; and
2) Hold yourself out to others as married (i.e. refer to each other as husband or wife; tell others you are married or that this is your spouse; etc.).
Without 1) and 2), simply living together--even buying a house together--does not create a common law marriage; and without a marriage, whether a formal marriage or common law, there is no need for a divorce.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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