Tax Returns Not Controlling for Colorado Common Law Marriage

Glasses and cash on top of a tax return.

In a case announced last week, the Colorado Court of Appeals held that tax returns were simply one piece of evidence when determining whether there was a common law marriage, and should not be given greater weight than other evidence.

In Yudkin,1In re: Estate of Yudkin, 2019 COA 25. a woman claimed she was the common law wife of a deceased man, and entitled to his property under intestate succession laws.

Virtually every witness testified they understood the couple to be married, and the trial court found all of the elements of a common law marriage had been proven:

  • Agreement to be married,
  • Cohabitation (for 8 years), and
  • Reputation in community for being married.

Yet despite these findings, the court found there was no common law marriage, solely because the parties did not file joint tax returns, which was the “most convincing” evidence of the fact that they were not married. The court of appeals rejected this argument, holding that the other evidence was only necessary to establish the agreement and reputation, not if those elements were already satisfied:

“We understand Lucero to mean that if there is an agreement to be married and the two essential factors — cohabitation and a reputation in the community as husband and wife — are met, the inquiry ends there; a common law marriage has been established. When the two essential factors are not “clearly” established, a court may consider “specific behavior” of the parties, such as the filing of tax returns. But, if the essential factors are met, the inquiry ends.”

Yudkin.2In re: Estate of Yudkin, 2019 COA 25, ¶ 11.

Tax returns should not be dismissed lightly – in most cases, they remain an important piece of evidence, as there is typically not such convincing evidence that the court finds the elements of a common law marriage were met without considering documents. But for those rare cases where a court can make such a finding, no further evidence need be considered, or apparently even should be considered.

Common law marriage is a tricky subject, and Colorado is among a tiny group of states which recognizes it. For more information, see the Colorado Common Law Marriage article in the Colorado Family Law Guide for a more in-depth discussion of proving or disproving a common law marriage.

Award-Winning Family Law Attorney In Colorado Springs

U.S. News & World Report calls Graham.Law one of the Best Law Firms in America, and our managing partner is a Colorado Super Lawyer. Our family law attorneys have years of experience helping clients navigate the Colorado legal system. We know Colorado divorce & family law inside and out, from complex multi-million dollar property or child custody cases to basic child support modifications.

For more information about our top-rated El Paso County family law firm, contact us by filling out the form on the right or calling us at (719) 630-1123 to set up a free consult, or click on:

Colorado Family Law. Period.

Testimonials

  • Excellent discussion; fully answered all my questions with examples I could clearly understand

    Jane Rohr Avatar
    Jane Rohr
    3/26/2020
  • Carl Graham is by far the best divorce attorney I have used and would highly recommend him to anyone who is looking for an ethical, knowledgable, fair attorney. My case was not your normal circumstanc... read more

    Gary Oldguy Avatar
    Gary Oldguy
    3/17/2020
  • As a former military spouse trying to collect my share of my ex's military retirement from California when the divorce decree and all the supporting documents were filed in Colorado i was apprehensive... read more

    Janine Pandher Avatar
    Janine Pandher
    3/01/2020
  • Where do I begin? Well AFTER have a consultation with another attorney ( who made me feel as though i was undeserving of his expertise) I was extremely apprehensive when coming to Graham Law. This was... read more

    Chris Whitfield Avatar
    Chris Whitfield
    2/07/2020
  • Mr. Carl Graham, Cindi (his paralegal), and the rest of his office staff helped us with a military divorce. Mr. Graham is very knowledgeable about military ways and processes. I appreciated the fact... read more

    Shelle Dier Avatar
    Shelle Dier
    1/08/2020
  • If you are searching for a divorce lawyer, first I would like to say I’m sorry you are going through this. It isn’t and easy road. I know sometimes things just don’t work out to save your marriage. Ho... read more

    Trevor Lisby Avatar
    Trevor Lisby
    11/26/2019
  • If you are searching for a divorce lawyer, first I would like to say I’m sorry you are going through this. It isn’t and easy road. I know sometimes things just don’t work out to save your marriage. Ho... read more

    Trevor Lisby Avatar
    Trevor Lisby
    10/30/2019
  • I called Graham law firm to schedule a consultation and spoke with Corinna. When beginning your search for information with any family matters there are many questions and a sense of anxiety of the u... read more

    Kathlena Williams Avatar
    Kathlena Williams
    8/26/2019
  • I was divorced in CO but moved to TX & had issues with my divorce decree from a previous attorney- after referrals from several other firms in CO regarding the best military law firm I went with Graha... read more

    Sarah DeLorean Avatar
    Sarah DeLorean
    8/26/2019
  • Very helpful initial meeting.

    Steven Babbitt Avatar
    Steven Babbitt
    6/26/2019
  • Carl and his team are awesome and super easy to work with. His knowledge is tremendous and he quickly handled my case despite me being across the country. I would do business with his team again and... read more

    Michael Brooks Avatar
    Michael Brooks
    5/26/2019
  • I was impressed by Graham Law in general but most impressed with Brian Boney. Brian is an excellent family law attorney. Attentive, detail-oriented, and hard-working, Brian surpassed my expectations f... read more

    Robert Weeks Avatar
    Robert Weeks
    5/26/2019
  • Mr. Grahm was professional, knowledgable and very prepared. He was also kind and understanding. He knew his military in's and outs. Because of this is got exactly what I was asking for... a swift a... read more

    MAMCO STAFF Avatar
    MAMCO STAFF
    4/26/2019
  • I had the unpleasant task of taking my ex back to court. Carl was the person for the job. His attention to detail and professionalism got me the result I needed. Sincere thanks to Carl and his great s... read more

    Lisa Bruinsma Avatar
    Lisa Bruinsma
    4/26/2019
  • This firm is quite wonderful....very family and military oriented. Compassionate and patient, very understanding and will go to bat for you!!!!! Give them a call!!!!!

    Teresa Wilkie Avatar
    Teresa Wilkie
    4/26/2019
  • Brian did an amazing job helping me with a personal matter! Its not the first time I ask Brian for help, and every time he exceeds my expectations! Thank you for your kindness, understanding and suppo... read more

    Iryna Volynets Avatar
    Iryna Volynets
    4/26/2019
  • Divorce is never easy, but Carl and his warm team helped me navigate this very difficult time. This was a military divorce, so Carl's expertise helped me understand exactly what my options were as a f... read more

    Kara Longmire Avatar
    Kara Longmire
    4/26/2019
  • I have had two occasions that I have needed Carl Graham's assistance with child support issues and both times Mr. Graham and his team were amazing. Mr. Graham is straight forward and honest. I highly ... read more

    Jason Ragland Avatar
    Jason Ragland
    4/26/2019
  • Can't thank the team enough.

    Kevin Czarnecki Avatar
    Kevin Czarnecki
    4/26/2019
  • Very professional and extremely supportive throughout my needs.

    Doyle McNeil Avatar
    Doyle McNeil
    4/26/2019

Contact