The Common Law Spouse in Colorado Estate Administration 2025

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  1. Click ‘Get Form’ to open it in the editor.
  2. Begin by entering the decedent's full name and date of death in the designated fields. This information is crucial for identifying the estate.
  3. Next, provide details about the common law marriage. Include dates and evidence of cohabitation, public representation as a married couple, and any relevant documentation that supports your claim.
  4. Fill out sections regarding assets and liabilities. Clearly list all probate assets owned solely by the decedent or co-owned with others, ensuring accuracy to avoid disputes.
  5. Review the intestate share calculations based on Colorado laws. Ensure that you understand how assets will be distributed if there is no valid will.
  6. Finally, sign and date the form electronically using our platform’s signature feature, ensuring compliance with legal requirements for submission.

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There are no time requirements for common law marriages in Colorado. A common law marriage could exist after just a month or not exist after 10 years. Time is not considered a factor when filing for a common law divorce in Colorado.
If your common-law partner dies without a will and has not named the surviving partner a beneficiary on their assets, the survivor will be omitted from the estate and all assets will be divided amongst children and the deceaseds family. In Ontario, when a spouse dies, the other spouse is considered next-of-kin.
If your common-law partner dies without leaving a valid will, the intestacy rules give their children and others the right to inherit property, not you. So if you are in a common-law relationship, each of you must make a will if you want each other to inherit your property when you die.
Proving Your Common Law Marriage After Death This includes things like joint bank account statements, utility bills with both names on them, any insurance policies in which you were listed as beneficiaries, etc. The most important piece of evidence is usually filing a joint tax return.
The following are examples of evidence of a common law marriage: The parties hold themselves out to the public as husband and wife. Maintenance of a joint checking and/or savings account. Joint ownership of property. Mutual financial support. Filing of joint income tax returns.

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A common-law marriage in Colorado is valid for all purposes, the same as a ceremonial marriage and it can only be terminated by death or divorce. Common-law spouses may file jointly, if they filed jointly on their federal tax return.

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