Fillable Printable Affidavit of Common Law Marriage - Colorado State University

Affidavit of Common Law Marriage - Colorado State University

Student Financial Services

Division of Enrollment and Access

Centennial Hall

1065 Campus Delivery

Fort Collins, Colorado 80523-1065

(970) 491-6321 (970) 491-5010 FAX

sfs.colostate.edu

Affidavit of Common Law Marriage

Student Name (please print) CSUID

Spouse Name (please print) CSUID (if applicable)

The concept of common law marriage is recognized by some states, including Colorado. Typically, the necessary

elements are co-habitation, declaration of marriage, and representation as a married couple to a third party.

Couples claiming common law marriage need to be aware there is no such thing as a common law divorce. A common

law spouse may be entitled to distribution of property, support, and/or maintenance.

We, the undersigned, attest to the following facts:

 On , we agreed to live as a married couple and we have co-habited since that time.

(Month, day) (Year)



We profess to be married, and we hold ourselves out to the community as being married.



We are eighteen years of age or older.



There is no legal impediment to our marriage, including but not limited to a prior marriage of either party that has

not been legally terminated by death or divorce.



We understand that this agreement can be terminated only through death or legal divorce proceedings.

Signature

Common Law Spouse 1

Date

Signature

Common Law Spouse 2

Date

Sworn to before me this day of , Notary Public Seal: _

Notary Public My Commission Expires

Notary Public’s Address

Supporting documentation

If you filed a Federal Income Tax Return as married filing jointly or married filing separately, attach a copy of your

Federal Income Tax Return Transcripts (you can obtain a copy of your tax transcripts at www.irs.gov or call

1-800-908-9946) as evidence that you represented yourselves as married to a third party (in this case the Internal

Revenue Service).

If you did not file a Federal Income Tax Return as married filing jointly or married filing separately, attach to this

affidavit two (2) types of proof of representation of yourselves as married to a third party. This can include proof of jointly

owned property such as bank accounts, auto registration and insurance, or a mortgage. A copy of a health insurance

policy that recognizes your marital status or a letter from someone other than a family member who can verify that you

have held yourselves out to the community as married are also acceptable documentation.

2015-16

COMLAW

01/23/15