Can you move-in with someone if your are legally separated?

UPDATED: Nov 27, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Nov 27, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can you move-in with someone if your are legally separated?

I am dating a man who has a separation agreement with his wife. We are planning to move in together which would be considered a common law marriage. I am in need to know if it is legal in CO to move in before the divorce is finalized.

Asked on November 27, 2011 under Family Law, Colorado


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

From what you right I assume your issue is with moving in with a married man and creating a common law marriage at the same time. The fact is that merelyliving with someone does not create a common law marriage. While there is no set period of time to establish such a marriage you would have to do more than simply share the same living accommodations. In order to establish a common law marriage in CO, you must prove that:

  • You cohabited;
  • You mutually agree to be married; and
  • You held yourselves out to the public or third parties as married. 

Examples could include the filing of joint tax returns, the holding of joint assets, introducing yourselves as "husband" and "wife", etc. 

As long as you refrain from doing the above, no common law marriage will be formed. There can be no claim of bigamy. However, if the person that you are living with is still married (even if separated) there could potentially be a claim for adultery. However what, if any, effect that would have on their divorce is unclear.

At this point, your friend needs to consult directly with a divorce attorney in your area as to this living arrangement.

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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption