HB26-1218 · Bill · 2026 Regular Session · Colorado

Clarifying Validity of Common Law Marriage

Concerning clarifying the validity of common law marriage by restoring a previously repealed provision.

Official status: Became Law

1 proposed amendment

Prime sponsors

Progress (from the official record)

Official summary

Official text — shown in English exactly as published by the official source. The official text controls.

Senate Bill 25-014, enacted in 2025, repealed a provision of law that stated certain marriage formality requirements do not invalidate an otherwise valid common law marriage. The act restores that provision to clarify the validity of common law marriage. (Note: This summary applies to this bill as enacted.)

Status timeline

Every recorded action on HB26-1218, oldest first
DateLocationAction
02/17/2026HouseIntroduced In House - Assigned to State, Civic, Military, & Veterans Affairs
03/05/2026HouseHouse Committee on State, Civic, Military, & Veterans Affairs Refer Unamended to House Committee of the Whole
03/06/2026HouseHouse Second Reading Special Order - Passed with Amendments - Floor
03/09/2026HouseHouse Third Reading Passed - No Amendments
03/12/2026SenateIntroduced In Senate - Assigned to State, Veterans, & Military Affairs
03/31/2026SenateSenate Committee on State, Veterans, & Military Affairs Refer Unamended - Consent Calendar to Senate Committee of the Whole
04/06/2026SenateSenate Second Reading Passed - No Amendments
04/07/2026SenateSenate Third Reading Passed - No Amendments
05/01/2026HouseSigned by the Speaker of the House
05/01/2026SenateSigned by the President of the Senate
05/01/2026GovernorSent to the Governor
04/06/2026SenateSenate Second Reading Laid Over to 04/02/2026 - No Amendments
05/05/2026GovernorGovernor Signed

Recorded votes

Proposed amendments (1 proposed amendment)

Amendments proposed to HB26-1218, oldest first
AmendmentCommittee / floor hearingOfferedDispositionOfficial document
L.001
Sponsor: Representative Espenoza and Luck
Floor amendment — Second Reading (House)03/06/2026PassedView official document

Source: Colorado General Assembly (leg.colorado.gov) · Data as of

Full text

Full text — side-by-side reader

Showing the latest official version: Signed Act version (official PDF), 05/05/2026

Official text — shown in English exactly as published by the official source. The official text controls.

HOUSE BILL 26-1218

BY REPRESENTATIVE(S) Espenoza and Luck, Bradley, Carter; also SENATOR(S) Catlin and Ball, Coleman.

CONCERNING CLARIFYING THE VALIDITY OF COMMON LAW MARRIAGE BY RESTORING A PREVIOUSLY REPEALED PROVISION.

Be it enacted by the General Assembly of the State of Colorado:

SECTION 1. In Colorado Revised Statutes, 14-2-104, recreate and reenact, with amendments, (3) as follows: 14-2-104. Formalities. (3) THIS SECTION DOES NOT REPEAL OR INV ALIDATE ANY OTHERWISE VALID COMMON LAW MARRIAGE:

(a) ENTERED INTO PRIOR TO SEPTEMBER 1, 2006; OR (b) ENTERED INTO ON OR AFTER SEPTEMBER 1, 2006, AND COMPLIES WITH SECTION 14-2-109.5.

SECTION 2.

Safety clause. The general assembly finds,

Capital letters or bold & italic numbers indicate new material added to existing law; dashes through words or numbers indicate deletionsji·om existing law and such material is not part of the act.

determines, and declares that this act is necessary for the immediate preservation of the public peace, health, or safety or for appropriations for the support and maintenance of the departments of the state and state ins ti tu ti ons.

Julie McCluskie SPEAKER OF THE HOUSE OF REPRESENTATIVES

James Rashad Coleman, Sr. PRESIDENT OF THE SENATE

Vanessa Reilly CHIEF CLERK OF THE HOUSE OF REPRESENTATIVES

Esther van Mourik SECRETARY OF THE SENATE

APPROVED on Tuesday May 5th 2026 at 3:00pm (Date and Time)

Jared S. Polis GOVERNOR OF THE STATE OF COLORADO

Official record

View HB26-1218 on leg.colorado.gov

Source: Colorado General Assembly (leg.colorado.gov) · Data as of

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