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Even though you never went down to the courthouse and got a marriage license, you and your partner may still be considered common law married under Colorado law.
Example: The fact that you and your partner made consistent joint purchases, jointly titled property, and held joint bank accounts supports an assertion that you intended to share assets accumulated during the relationship.
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Common law marriage of a same-sex couple was recognized by a Jefferson County probate proceeding, but trial court level rulings do not constitute binding law.
The legal principles would have to come from the legislature or the appellate courts to create a legal certainty.
If you are domestically partnered and unsure if Colorado’s dissolution laws apply, we’d be happy to discuss this during a free consult.
Dissolution of both same-sex marriages and civil unions are subject to the same laws as heterosexual marriages. Remember the days of commitment ceremonies and promise rings?
Perhaps you and your partner have been together for years prior to any legal recognition even existing, and you believe that time should be considered when determining your property and parenting rights.
You are right to be concerned – these variables can affect the best way to approach obtaining a fair and equitable “parting of ways” between you and your partner.
Robinson & Henry recognizes the current uncertainty of the common law doctrine for same-sex couples, and will help to figure out the most effective arguments to be made, under multiple theories of law, in order to achieve the best possible outcome for the closure of your relationship. Even if you never entered into a Civil Union or Marriage with your partner, you may still be entitled to certain rights related to your relationship.
Likewise, the period that couples were together prior to the legal recognition of their relationship may still play a role in property division.
Timothy Wind, 55, was arrested two years ago for his relationship with a 14-year-old girl from Connecticut.