Legal Question in Family Law in Colorado

Simple Common Law

My boyfriend moved me to Co. from Tn. last sept. I helped him open a business in Jan. We broke up for a month in April we did buy a car together in Nov. he also moved back in with me in May. While i was living with him the first time he made me sign a paper stating that i would not sue him for common law other wise he was going to throw me and my kids out of his house. What i need to know is would we still be considered common law in the eyes of the court if i motioned the court? We discussed us being a family and buying a house together about 2 weeks ago now he says he's moving out and the business was my dream too now i feel like he's taking it all away and i'm tired of him doing this to us. So do you think there is anything i can do?


Asked on 7/02/00, 12:53 pm

2 Answers from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Simple Common Law

There are indeed things you can do once you make up your mind to do them. Until you are sure your relationship is over, however, don't do anything.

If you reach the terminal point, then there are equitable remedies provided by the law, other than divorce, which will establish your interest in the business and such other things as you may have invested in, money you lost by following him and the like.

When, and only when, you are absolutely sure you want to end the relationship and it is necessary to take legal action to protect your interests, Email us to arrange a no-cost/obligation consultation with our CO attorney.

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Answered on 9/07/00, 9:22 am
Jack Harding Denver Center for Divorce Solutions

Re: Simple Common Law

Common law marriage is not highly defined in Colorado. Indicators are whether you held yourself out as married, e.g., told people you were married, whether you filed taxes together, or whether one of you has the other on his or her health insurance plan. His document that indicates you are not married may not be enforceable. You will likely need an attorney to pursue this case.

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Answered on 9/07/00, 2:46 pm


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