Legal Question in Family Law in Colorado
Common-law marriage question.
I am thinking about having my fiancee and her child from a previous marriage live with me before we get married.
I am buying a property (as yet to be identified) and will have my name only on the mortgage. My fiancee will not contribute finacially to the purchase (i.e. she will give nothing for a down payment or any up front costs, and I will not require her to pay ''rent'' while we live together). My question is: If, God forbid, something happens and we decide to separate, will she be entitled to any of the appreciation of the property under common-law?
We currently have a joint savings account with her name and my name (different surnames) on it, but do not live together.
1 Answer from Attorneys
Re: Common-law marriage question.
Whether a couple is common law married is determined by their state of mind as evidenced by such things as holding themselves out as married, e.g., telling people they are married, filing taxes together, or putting one on the other's health insurance. The more of these indicators of common alw marraige are present, the more likely one of the parties can successfully claim a common law marriage. The test is not absolute, however.
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