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In the United States, common-law marriage, also known as sui juris marriage, informal marriage, marriage by habit and repute, or marriage in fact is a form of irregular marriage that survives only in seven U.S. states and the District of Columbia along with some provisions of military law; plus two other states that recognize domestic common law marriage after the fact for limited purposes.
Parties in a common-law marriage are entitled to all rights, privileges and responsibilities of a legal and binding marriage. Common-law marriages have been recognized in Colorado since 1887, and in 1987 the Colorado Supreme Court, in People v. Lucero, set out requirements for the existence of a common-law marriage.
However, common-law marriage can still be contracted in Colorado, Iowa, Kansas, Montana, Rhode Island, Texas, Utah, Oklahoma and the District of Columbia. [49] [50] [51] Once they meet the requirements of common-law marriage, couples in those true common-law marriages are considered legally married for all purposes and in all circumstances.
To file taxes jointly, you generally must be married. However, some states recognize so-called "common law marriages,"and allow couples to file their taxes together. Check Out: A Look at Tax Filing...
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On October 6, the Supreme Court declined to hear an appeal of that decision. The Attorney General asked the Tenth Circuit to lift a stay in a similar Colorado case, which would then require Colorado to recognize same-sex marriage. In January 2021, the Colorado Supreme Court made a ruling to retroactively recognise common-law same-sex marriage. [2]
The SSA recognizes a valid common law marriage in the same way as a traditional marriage. You just need to ensure that your common law marriage is established according to the laws of your state.
[12] In 2006, a state referendum added language to the Colorado Constitution that restricted marriage and common law marriage to couples of different sexes, without mentioning civil unions or domestic partnerships. [13] In November 2024, over 64% of Colorado voters called Amendment J repealed the 2006 anti-gay clause within the state ...
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