What are the legal rights of unmarried couples in Colorado?
Unmarried couples in Colorado, whether in a same-sex or opposite-sex relationship, do not have the same legal rights and protections as married couples. However, they still have certain rights and options available to them. Here are some key considerations regarding the legal rights of unmarried couples in Colorado:
Property rights: Unmarried couples may jointly own property or assets, and their respective rights are determined by their ownership arrangements. It is advisable for unmarried couples to have a written agreement, such as a cohabitation agreement or a property agreement, that clearly outlines the ownership, use, and division of property in the event of a separation.
Parental rights: If an unmarried couple has children together, both parents have rights and responsibilities regarding their children. Establishing legal parentage through an acknowledgement of paternity or other means is crucial to ensure parental rights, such as custody, visitation, and child support. If there is a dispute regarding parental rights, court intervention may be necessary.
Healthcare decisions: Unmarried partners do not have automatic authority to make medical decisions for each other. To grant decision-making authority in the event of incapacitation, individuals can execute a medical power of attorney or advance healthcare directive, designating their partner as their healthcare agent.
Financial arrangements: Unmarried couples can create financial arrangements such as joint bank accounts, joint tenancy with rights of survivorship for real estate, beneficiary deeds, or co-signed contracts. It is important to be aware that joint financial obligations can have legal implications, and it is advisable to seek legal advice before entering into such arrangements.
Cohabitation agreements: Unmarried couples can establish a cohabitation agreement, also known as a domestic partnership agreement, which can address various legal aspects of their relationship. This agreement can cover property rights, financial matters, support obligations, and other issues to provide clarity and protect both parties' interests.
Estate planning: Unmarried couples should consider estate planning to ensure that their assets are distributed according to their wishes in the event of death. This may involve creating a will, establishing a trust, or designating beneficiaries on life insurance policies and retirement accounts.
It is important for unmarried couples to consult with a family law attorney in Colorado to understand the specific legal rights and protections available to them based on their unique circumstances. An attorney can provide guidance on creating legal agreements, establishing parentage, and navigating other legal aspects to protect their interests and ensure their wishes are honored.
