Does Colorado Recognize Common Law Marriage?

The majority of U.S. states do not recognize common law marriage – is Colorado one of those states? In this video, listen to our Colorado family law attorney discuss common law marriage, when Colorado would consider a couple common law married and the difference between common law marriage and marriage with a certificate, including whether common law marriages have the same rights when it comes to getting a divorce. 

If you wish to speak to a divorce attorney, call our firm at 720-542-6142 or you can contact our attorneys here.

Selling Possessions Before a Divorce

Before a divorce can be finalized in Colorado, the separating couple must come to an agreement about the division of property, alimony, and spousal support. These can be some of the most contentious issues in a divorce, especially if the divorce is acrimonious.

As you navigate the divorce process, it’s important that you understand the laws regarding the above, as well as best practices when separating. It’s also important that you understand what can happen if you attempt to skirt the law. Here’s what you should know about selling possessions before a divorce–

Selling Stuff Before a Divorce in Colorado

Consider a situation in which you are thinking about filing for a divorce, but haven’t yet filed your divorce papers. In this case, do you maintain the right to sell some of your possessions prior to the divorce?

The answer is that it depends. If you are selling your possessions in an attempt to reduce your assets for the sake of mitigating child support or alimony payments, or to reduce the value of your estate for equitable distribution purposes, the court will likely see through this, and not only will you be held responsible for such payments regardless, but you could even be penalized. If you are selling your personal possessions to provide you with extra cash to help you pay for the divorce (or for another justifiable reason), on the other hand, doing so is likely within your rights.

Whether or not you can sell possessions before a divorce also depends on whether or not the possessions are marital or separate property; you may be free to do what you want with your own property, but if you sell marital property and this has a negative financial effect on your partner, this may be considered by a court when making a decision about division of property in a divorce.

Another important element to consider is that of when; once divorce papers have been filed and served, an automatic injunction goes into effect. This injunction prohibits either spouse from hiding, destroying, disposing, or transferring any marital property (CRS 14-10-107).

Purposefully Selling Possessions Below Market Value

Another issue to consider is not just that of selling property before the divorce, but that of selling property below market value intentionally. A party in a divorce does not have the right to intentionally sell shared property for less than fair market value in an attempt to reduce the amount the other spouse will get out of it, reduce the amount of property that is considered for equitable distribution purposes, or reduce one’s child support or alimony obligations. If one party does this, the court may assign a professional appraiser to determine what the fair market value of the property was prior to being sold. Then, it may be this number that is considered for equitable distribution purposes, not the amount that the property was sold for.

If you think you may need to talk to an attorney about your situation, you can visit our website and contact us here, or you can call us at 720-542-6142.

Domestic Violence Laws in Colorado

Colorado has a very broad criminal definition of domestic violence. This is designed to provide the greatest amount of protection for a victim of domestic violence and gives the police the greatest latitude to arrest someone. Colorado criminal law defines domestic violence as “an act or threatened an act of violence upon a person with whom the actor is or has been involved in an intimate relationship.” As you can see this is a very broad definition.

It’s Not Just Married Couples

An intimate relationship does not mean you have to be married. It applies to couples and even boyfriends and girlfriends, it even applies to past lovers as well as the present. It also applies to children, grandchildren, and others present in the household. Again, the idea provides maximum protection to the broadest possible group living in a household or making up a domestic unit.

Recognizing Domestic Violence

Because Domestic Violence includes a “threatened act” of violence very common situations can be construed as a criminal act including:

There does not have to be actual physical touching or even physical harm. The threat of harm can be enough and the threat of harm does not have to be in person. Emails, phone calls, text messages are all sufficient to be charged with domestic violence crime.  Texts can be domestic violence if they are threatening or harassing.

If you need legal assistance please contact Divorce Matters today to speak with one of our attorneys.

If you feel like you are in domestic violence situation, call the police or reach out to the appropriate helpline to get the help you need. N ational Domestic Violence Hotline :  1-800-799-7233.

This newsletter is for informational purposes only. Nothing in this newsletter should be taken as legal advice and receiving this newsletter does not constitute an attorney client relationship.