AFFIDAVIT OF COMMON LAW
MARRIAGE 2020-21
**Please complete this form using only black or blue pen**
____________________________________________________________ _______________________
Student Name (please print) Student ID (700#)
_________________________________________________________ _________________________
Spouse Name (please print) Student ID (700#) (if applicable)
The concept of common law marriage is recognized by some states, including Colorado. Typically, the necessary
elements are cohabitation, declaration of marriage, and representation as a married couple to a third party.
Couples claiming common law marriage should be aware that 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 couple and have cohabited since that time.
Date (mm/dd/yyyy)
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 Commission Expiration Date
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 obtain a copy of your tax transcripts at www.irs.gov/transcript 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.
