If I let my girlfriend move in with me, will the courts consider us married after a certain period of time?

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If I let my girlfriend move in with me, will the courts consider us married after a certain period of time?

Is it suggested to get a legal agreement declaring right to ownership of property; in case she tries to take my assets after a break up? In CO.

Asked on November 2, 2011 under Family Law, Colorado

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am assuming that you are asking this question because Colorado recognizes common law marriage, correct?  Although it is certainly a good idea to set things straight and in writing, as long as you and your girlfriend do not "hold yourselves out as married" by stating so fining taxes together, etc., then the assets that you came in to the relationship with will remain yours.  That would be true even if you decided that you wish to be married and as long as there is no intent for the asset to become marital property.  So seek some legal counsel if you feel that it is warranted.   Good luck to you.  


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