Question Details: The lady whom I'm with now was married to me for 13 years; we got divorced 9 years ago. She moved out a couple of times; the longest was for around 2 months. She never changed her name; she kept my last name. We've pretty much lived together for the 9 years since the divorce. Are we considered married? we have both called each other husband and wife from time to time. Is CO a community property state?
To enter into a common law marriage in Colorado (which is one of the few states which still has common law marriage), the two of you must:
1) Live together or cohabitate;
2) Mutually agree to be or that you are married; and
3) "Hold yourself out" to other people as being married.
Since you do live together and since she still uses your last name and the two of you will sometimes refer to each other as husband and wife, you may well meet the criteria for a common law marriage.
Colorado is not a community property state.
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