Colorado Cohabitation Forms


Use this page to locate and download Cohabitation Agreement Forms or Wills for persons living together but not married. All forms are State Specific.


Colorado Cohabitation Form Categories

Cohabitation Forms FAQ

What rights do unmarried couples have?

Generally, unmarried cohabitants do not enjoy the same rights as married individuals, particularly with respect to property acquired during a relationship. Marital property laws and other family laws related to marriage do not apply to unmarried couples, even in long-term relationships. The characterization of property acquired by unmarried cohabitants is less clear than that of married couples whose ownership of property is governed by marital and community property laws. Some property acquired by unmarried couples may be owned jointly, but it may be difficult to divide such property when the relationship ends. There is no obligation of financial support attached to a couple who cohabits, absent an agreement to the contrary. If you are financially dependent on a romantic partner and the relationship ends, the effects of the breakup can be much harsher.

How is cohabitation defined?

Cohabitation is generally defined as two people living together as if a married couple. State laws vary in defining cohabitation. Some states have statutes which make cohabitation a criminal offense under adultery laws. Under one state's law, cohabitation means "regularly residing with an adult of the same or opposite sex, if the parties hold themselves out as a couple, and regardless of whether the relationship confers a financial benefit on the party receiving alimony. Proof of sexual relations is admissible but not required to prove cohabitation." Another state statute defines cohabitation as "the dwelling together continuously and habitually of a man and a woman who are in a private conjugal relationship not solemnized as a marriage according to law, or not necessarily meeting all the standards of a common-law marriage." Yet another state, Georgia, defines cohabitation as "dwelling together continuously and openly in a meretricious relationship with another person, regardless of the sex of the other person.

Is it possible for unmarried couple to establish rights as a couple?

Living together, or cohabitation, in a non-marital relationship does not automatically entitle either party to acquire any rights in the property of the other party acquired during the period of cohabitation. However, adults who voluntarily live together and engage in sexual relations may enter into a contract to establish the respective rights and duties of the parties with respect to their earnings and the property acquired from their earnings during the nonmarital relationship. While parties to a nonmarital cohabitation agreement cannot lawfully contract to pay for the performance of sexual services, they may agree to pool their earnings and hold all property acquired during the relationship separately, jointly or to be governed by community property laws. They may also agree to pool only part of their earnings and property, form a partnership or joint venture or joint enterprise, or hold property as joint tenants or tenants in common, or agree to any other arrangement.

Other legal issues that may be affect cohabiting couples include estate planning and medical care. Generally, someone who cohabits with another is not considered an heir under the law or have the same rights to make medical care decisions in the same manner as a spouse. Therefore, unmarried cohabitants may consider estate planning and power of attorneys in addition to having a nonmarital agreement.

In some cases of people who formerly cohabited, courts have found a trust created in property of one person who cohabits with another, whereby the property is deemed held for the benefit of their domestic partner. When there is no formal trust agreement, a resulting trust may still be found under certain circumstances in order to enforce agreements regarding the property and income of domestic partners. If there is evidence that the parties intended to create a trust, but the formalities of a trust are lacking, the court may declare a resulting trust exists. The court may also declare that a constructive trust exists, which is essentially a legal fiction designed to avoid injustice and prevent giving an unfair advantage to one of the parties. This may be based on the contributions made by one partner to the property of the other. Each case is decided on its own facts, taking all circumstances into consideration.

Top Questions about Colorado Cohabitation Forms

  • How to write a cohabitation agreement?

    Writing a cohabitation agreement can be straightforward if you approach it methodically. Start by defining the terms of your relationship, such as financial responsibilities, property ownership, and other relevant aspects. Using Colorado Cohabitation Forms as a template can simplify this process, ensuring you include all necessary details. It’s wise to have the agreement reviewed by a legal professional to ensure it meets your needs and is enforceable.

  • How to get a cohabitation certificate?

    To obtain a cohabitation certificate, first, you should check your local government's requirements and guidelines. Often, this involves completing Colorado Cohabitation Forms, providing identification, and sometimes even getting notarized signatures. Submitting these documents to the relevant authority can help you secure the certificate. This official recognition can provide additional legal protections and clarify your relationship status.

  • How is cohabitation defined legally?

    Legally, cohabitation refers to a living arrangement where two individuals live together in a long-term relationship without being married. Recognition of cohabitation varies by state, but certain legal rights can arise from cohabiting partnerships. Using Colorado Cohabitation Forms can clarify your legal standing, establishing the terms of your relationship and any agreements made. This can prevent misunderstandings down the road regarding property or financial matters.

  • What are the 4 types of cohabitation?

    The four types of cohabitation include romantic cohabitation, financial cohabitation, platonic cohabitation, and domestic partnerships. Each type differs based on the nature of the relationship and the level of financial or emotional commitment involved. It’s essential to understand these distinctions when filling out Colorado Cohabitation Forms, as they may influence your legal rights. You may want to consult experts to determine which form suits your situation best.

  • How to make cohabitation official?

    To make your cohabitation official, you should consider creating Colorado Cohabitation Forms. This involves gathering necessary information about both partners and outlining important details of your relationship. Utilizing these forms can provide clarity on rights and responsibilities, helping to protect both parties. Additionally, filing these forms with the appropriate local authority may be beneficial.

  • How long do you have to live with someone to be considered married in Colorado?

    In Colorado, living together does not automatically equate to marriage. There is no specific duration required to gain legal recognition as common law married. However, presenting yourself as a couple, sharing finances, and having the intent to be married can play significant roles in establishing a common law marriage. If you need clarity and proper documentation regarding your cohabitation situation, consider utilizing Colorado Cohabitation Forms to help ensure that your rights are protected.

  • What is the cohabitation law in Colorado?

    Cohabitation law in Colorado acknowledges the rights of couples who live together without being legally married. The law provides certain protections regarding property and financial obligations. It's important to note that these rights are not automatic, so setting clear agreements is essential. Utilizing Colorado Cohabitation Forms can assist in navigating these legal complexities and ensure both partners are on the same page.

  • Can you file jointly if not married in Colorado?

    In Colorado, individuals who are not legally married cannot file a joint tax return. However, cohabiting partners can benefit from various financial arrangements. They may also want to consider legal documents that outline their shared responsibilities and rights. By using Colorado Cohabitation Forms, you can protect your interests and clarify your financial relationship.

  • How long do you have to be together for common law marriage in Colorado?

    In Colorado, there is no specific time duration required for a couple to establish a common law marriage. Instead, the law requires that both partners live together and present themselves as a married couple. To qualify, you must demonstrate mutual intent to be married and take steps that establish a life together. Using Colorado Cohabitation Forms can help outline your commitments and establish your relationship legally.

  • What is a cohabitant form?

    A cohabitant form is a legal document that outlines the arrangement between two people living together in a committed relationship. This form typically includes details about property ownership, debt responsibilities, and other essential rights. By completing Colorado Cohabitation Forms, couples can ensure they have a solid legal foundation that protects both parties and clarifies their relationship.

Tips for Preparing Colorado Cohabitation Forms

Talking about finance and bureaucracy when you're in a romantic relationship is difficult. But the Colorado Cohabitation Forms is an important phase that you and your spouse need to take if you want to stay together without having worries about what might happen in the event you two broke up.

  1. Make a list of your estate and assets, and debts. You should be honest with one another and speak about what you need to pay and own. Add income and estate, and so on. If you're going to buy a property or auto jointly, bring this up as well.
  2. Discuss inheritance. What will happen to all the property if one of the partners dies? To save yourself and your cohabitant from court proceedings, include as much as possible in the terms of the inheritance in your agreement.
  3. Think about your children. Discuss who takes financial obligations for your kids. If they have another parent who can handle them, you have to mention it too and, in addition, outline how to use this financial support.
  4. Hire an unbiased legal consultant. Plan of a cohabitation contract doesn't require any particular knowledge. But it's always better to have a fresh pair of eyes that can examine your paperwork for compliance with common law of marriage and so on. So for every cohabitant, visiting a local attorney is highly advised.
  5. Keep Colorado Cohabitation Forms updated. Everything can change over time. Therefore, it is crucial to check and expand your cohabitation arrangement with new details.