Denver, CO family law attorney Kristi Wells explains how unmarried partner litigation is different from litigation between a married couple in Colorado. She mentions that married couples who divorce in Colorado are governed by the Uniform Dissolution of Marriage Act, a comprehensive statutory framework that addresses property division, parenting rights, and related matters in a straightforward manner.

For unmarried couples, the situation is more complex. Colorado is one of the few states that still recognizes common law marriage, which is determined based on the facts of each case. Courts consider factors such as whether the couple holds themselves out as married, maintains joint bank accounts, or sends holiday cards together. Even if the couple never formally solemnized their marriage, they could be deemed married under the law, meaning their separation would be handled under the Uniform Dissolution of Marriage Act.

Unmarried partners who never intended to marry, but co-own property or share financial obligations, do not have the protections of the Act. Instead, their disputes are governed by a patchwork of common law principles. They may need to file a partition action to divide real property, demonstrate contributions to property titled in one party’s name, or assert claims such as unjust enrichment to recover funds contributed to jointly used assets.

She notes that unmarried partner litigation has decreased since Colorado legalized same-sex marriage, but some couples still choose long-term commitments without formal marriage, such as a 30-year mortgage together. For these couples, she strongly recommends signing a cohabitation agreement to clarify financial and property arrangements in advance, avoiding the need for complex common law arguments later.