The Common Law Spouse in Colorado Estate Administration 2025

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After a person dies, there may be a dispute as to whether they were common law married at the time of death. This would require the disputed spouse to petition the Court to determine the decedent was common law married, allowing the spouse to inherit under Colorado law.
Common law marriage does not require any license, ceremony or documentation to be legal. Parties to a common law marriage are entitled to all rights, privileges and responsibilities of a legal and binding marriage.
Individuals who are or were in valid common law marriages may be eligible for Social Security benefits (spousal, survivor, and death benefits) based on their spouses or former spouses earnings record, as long as they met the requirements to establish a common law marriage in their states.
Spousal Protection in Common Law States In many common law property states, a spouse is entitled to one-third of the property left in the will. In a few, it is one-half.
All common law property states protect a surviving spouse or partner from being completely disinheritedand most assure that a spouse has the right to receive a substantial share of a deceased spouses property. Community property states offer a different kind of protection.
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People also ask

No. While it may be a serious solid relationship its not marriage unless you get married. There is a lot of legally involved responsibility to marriage and some couples argue its a more solid and permanent commited relationship than not being married. Ive been in relationships not married and one married.
Unlike married couples, common-law couples dont need a court decision to make their separation official. You can settle all the issues that arise when you break up without going to court. But sometimes its a good idea to have a lawyer or notary help you.

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