Colorado Common Law Co Ford
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How to fill out Colorado Affidavit Of Common Law Marriage?
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FAQ
Colorado has recognized common law marriage as legal and binding since 1877 and is 1 of 12 states to do so. A common law marriage is established when the parties mutually consent to be husband and wife. Common law marriage does not require any license, ceremony or documentation to be legal.
Common law marriages are recognized for federal income tax purposes if they are recognized by the state in which the taxpayers reside. If the taxpayers later move to a state which does not recognize common law marriages, they are still considered married for federal income tax purposes.
How long do we have to live together to have a common-law marriage? There is no time requirement for establishing a common law marriage in Colorado. A common law marriage could possibly be valid after one day. Or you could live together with your boyfriend/girlfriend for decades but not be common-law married.
If the parties need documentation of a marriage, it is recommended that they file a signed, notarized affidavit, attesting to the marriage, with the County Clerk and Recorder in the county where they reside. This affidavit will be filed as a document, not as a marriage record (sample affidavit follows).
Both of the common law partners must file their own tax returns with Internal Revenue Service (IRS). Apart from their personal information, they need to mention the name of their common-law partner, their net income, and social insurance number on their tax return.
