Believe it or not, the concept of “Common Law Marriage” is
still alive and kicking in the State of Colorado! The fact is, many
people are tripped up when the legal ramifications of this relic in
the law rears its ugly head. Here are the “Top 10 Myths About
Common Law Marriage:”
Myth 1: If I am married by common law, it won’t affect my legal
rights after a break-up, right?
Wrong. You could be subjected to the
same claims for property division or maintenance (alimony), as you
would face in a traditional divorce.
Myth 2: I can’t be common
law married unless I have been cohabitating for 10 years, right?
Wrong.
There is no set time period under Colorado law to be declared common
law married.
Myth 3: It doesn’t matter if my friends and family
think I am married, so long as I know the truth, right?
Wrong. In a
legal dispute, count on your “ex” to claim otherwise
and get all of his/her buddies to support that claim, especially if
there is money involved. The key is whether you “hold yourself
out” as
married, and that vague term can get pretty expensive to legally
prove, one way or the other.
Myth 4: If I have children with my significant
other, I am automatically common law married, right?
Wrong. Not necessarily.
The key is whether you hold yourself out as “husband” and “wife”.
Myth
5: I told my insurance carrier that I am married so my boyfriend/girlfriend
can get benefits. This isolated action can’t hurt me, right?
Wrong.
Any public declarations you make about your marital status can come
back and hurt you later.
Myth 6: So what if I am considered common law
married, I can simply “annul” the
marriage, right?
Wrong. If you are held to be common law married, you
will have to go through a full-blown dissolution of marriage proceeding.
Myth
7: I can’t be common law married unless I have plans to go
through with the ceremony, right?
Wrong. You may be considered common
law married even if you and your significant other have never even
considered “taking the plunge” publicly.
Myth 8: So what
if I filed a joint tax return, that is a federal issue, and it can’t
be used against me in a state court, right?
Wrong. It can and almost
definitely will be used against you by your ex’s lawyer.
Myth 9: As long as my relationship with my ex-boyfriend/girlfriend
stays strong, common law marriage doesn’t matter to me, right?
Wrong.
If you die unexpectedly, your significant other may be entitled to
inherit your assets, potentially depriving your biological heirs
of a lot of money.
Myth 10: Okay, so maybe I have a common law situation.
I shouldn’t
have to worry about this unless my relationship is about to end, right?
Wrong.
You should be as informed as possible about your rights, as there
are almost always steps you can take to protect yourself. Be
informed,
be cautious, and be proactive!
.
-- The
Harris Law Firm, P.C.
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