Non-married partner litigation is rapidly evolving, with respect to heterosexual couples and same sex couples. While Colorado does not have statutory law concerning rights or responsibilities of non-married partners or governing the breakup of these unions, there have existed, for some time, three common law remedies. These include, common law marriage, unjust enrichment cases and civil claims which involve various theories including partition of real and personal property, breach of express contract, breach of implied contract, joint venture, constructive trust and resulting trust. In addition, the Colorado Supreme Court has recently come down with the Lewis Case which is a departure from previous unjust enrichment cases to the extent the trial courts must employ the mutual purpose theory of unjust enrichment that focuses on the intent of the parties and the benefit received by the person being sued under the theory.
While the State of Colorado does not recognize same sex marriages, Colorado can still invalidate same sex marriages from other states, thus severing the marital relationship. Further, many of the legal theories indicated above, except for the common law marriage option, are open to same sex couples when ending their relationship.
Needless to say this area of the law is difficult and fraught with pitfalls that require an experienced hand to prevent couples from getting into trouble when pursuing the various legal theories indicated above. Having done common law marriage cases and partition cases for over thirty years, I believe my office brings the experience to each case necessary to secure a just and equitable result for my client.
Contact the Steven A. Hirschey, P.C.
I offer a free initial consultation to all clients. To set up a meeting, contact me or call me at 303-800-3409. My office is conveniently located in the Belmar Plaza in Lakewood, Colorado.
