As more couples in Colorado choose to live together without getting married, they often don’t realize how few legal protections they actually have. Unmarried partners do not receive automatic rights to property, financial support, inheritance, or even parenting unless those rights are established by agreement or legal action. A cohabitation agreement offers a clear, enforceable way to define expectations and avoid future disputes.
Why a Cohabitation Agreement Matters in Colorado
A cohabitation agreement is a private contract between two people who live together but are not married. It allows the couple to set legally binding terms regarding:
- Ownership and division of assets (such as real estate, vehicles, or bank accounts)
- Shared financial responsibilities, including rent, mortgage payments, or household bills
- What happens if one partner moves out or the relationship ends
- Plans for childcare, housing, or support (where applicable)
- Estate-related matters like health care decisions or survivorship rights
Without a written agreement, courts will treat the parties as unrelated individuals and rely on general property and contract law to resolve disputes. This often leads to uncertainty, added stress, and unnecessary litigation—especially when both partners contributed financially but only one is listed on a title or account.
Common‑Law Marriage: No Longer a Safe Back-Up
Colorado is one of the few states that still recognizes common-law marriage, but the legal standard changed significantly in 2021. The Colorado Supreme Court clarified in In re Marriage of Hogsett & Neale, 2021 CO 1 that a common-law marriage requires mutual intent to enter into a marital relationship—not just long-term cohabitation, shared finances, or even presenting yourselves as married.
The Court moved away from checklist-style factors and instead adopted a totality of the circumstances test. There is no single determining factor, and couples who do not clearly intend to be married are unlikely to be granted marital rights—no matter how long they’ve lived together or how intertwined their lives may seem.
That ruling makes common-law marriage far less reliable as a legal fallback. For most couples, it’s no substitute for a written agreement.
Parenting Rights Require Formal Legal Steps
If a non-married couple shares children, legal parental rights and responsibilities do not follow automatically from the relationship. Colorado courts use a best-interests framework when allocating custody, decision-making authority, and parenting time. See C.R.S. § 14‑10‑124 for a detailed list of the factors courts must consider when determining a child’s best interests.
Importantly, only a legal parent—either by biology, acknowledgment, or court order—has enforceable rights. A cohabitation agreement cannot establish parental status, but it can express shared parenting expectations or financial contributions. However, any enforceable allocation of parental responsibility must go through court.
Property Division Is Not Automatic Without Marriage
Married couples benefit from Colorado’s equitable distribution laws, which give judges authority to divide marital property fairly under C.R.S. § 14‑10‑113. But unmarried partners have no such statutory framework.
In the absence of a written agreement:
- Each partner keeps what is titled in their name
- There’s no legal presumption of shared property
- Courts cannot “equitably divide” jointly used assets without clear ownership or contractual rights
Cohabitation agreements allow partners to agree—up front—on who owns what and how any jointly acquired property should be handled. That avoids costly disputes, especially in cases where one partner made financial or labor contributions to something they don’t legally own.
Estate Planning and End-of-Life Issues
Without marriage or legal documents in place, cohabiting partners do not inherit from one another under Colorado’s default probate laws. Under C.R.S. § 15‑11‑102, only legally recognized spouses and blood relatives are entitled to inherit when someone dies without a will.
Unmarried partners also have no legal right to make medical or financial decisions for one another unless they’ve executed powers of attorney or health care directives.
A cohabitation agreement can reference these related documents and clarify each party’s intent around inheritance, survivorship, emergency decision-making, and more—but those documents must still be created separately.
Plan Smart. Live Confident. Let Boal Law Help.
Cohabiting without legal safeguards can create serious problems if the relationship ends or one partner passes away. Property disputes, custody issues, and estate conflicts are far more common—and harder to resolve—when couples assume the law will treat them like married spouses. It doesn’t.
At Boal Law, we understand the unique risks that unmarried couples face in Colorado. We can help you:
- Draft a cohabitation agreement that clearly outlines each partner’s rights and responsibilities
- Coordinate estate planning documents like powers of attorney and wills to complement your agreement
- Review your circumstances to ensure your agreement is enforceable and aligned with current Colorado law
Whether you’re moving in together or have been cohabiting for years, taking proactive legal steps now can prevent major legal uncertainty later.