Colorado 2026 Regular Session Status: Enacted Bipartisan · 2 R · 2 D cosponsors

HB 1218 — Clarifying Validity of Common Law Marriage

Last action — Governor Signed

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 17, 2026. Enacted.

Signed by Governor Jared Polis (Democratic) on May 05, 2026.

Prognosis

Likely to advance 98% · high confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 7 sponsors

    6 primary, 1 co-sponsors signed on.

  • Bipartisan support

    Sponsored across 2 parties (2 R · 2 D) — cross-party backing.

  • Cleared a recorded vote

    Passed 3 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Senate Bill 25-014, enacted in 2025, repealed a provision of law that stated certain marriage formality requirements do not invalidate an otherwise valid common law marriage.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.)

Bill Text

What changed in the latest version

12 added · 22 removed

Plain-language change summary

The amendment adds a provision to Colorado Revised Statutes 14-2-104 that clarifies that the section does not repeal or invalidate any valid common law marriages entered into before September 1, 2006, or those after that date that comply with specific conditions. This change ensures that previously established common law marriages remain recognized under the law.

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NOTE:
This bill has been prepared for the signatures of the appropriate legislative officers and the Governor.
To determine whether the Governor has signed the bill or taken other action on it, please consult the legislative status sheet, the legislative history, or the Session Laws.
CONCERNING CLARIFYING THE VALIDITY OF COMMON LAW MARRIAGE BY RESTORING A PREVIOUSLY REPEALED PROVISION .
CONCERNING CLARIFYING THE VALIDITY OF COMMON LAW MARRIAGE BY RESTORING A PREVIOUSLY REPEALED PROVISION.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:
Be it enacted by the General Assembly ofthe State ofColorado:
InColoradoRevisedStatutes,14-2-104,recreateand reenact, with amendments, (3) as follows:
InColoradoRevised Statutes, 14-2-104,recreateand reenact, with amendments, (3) as follows:
(3) THISSECTIONDOESNOTREPEALORINVALIDATEANYOTHERWISE VALID COMMON LAW MARRIAGE :
(3)THIS SECTION DOESNOT REPEALORINVALIDATEANY OTHERWISE VALID COMMON LAW MARRIAGE:
(a) ENTERED INTO PRIOR TO SEPTEMBER 1, 2006;OR (b) ENTEREDINTOONORAFTER SEPTEMBER 1,2006, ANDCOMPLIES WITH SECTION 14-2-109.5.
(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.
The general assembly finds, ________ Capital letters or bold & italic numbers indicate new material added to existing law;
The general assembly finds, Capital letters or bold & italic numbers indicate new material added to existing law;
dashes through words or numbers indicate deletions from existing law and such material is not part of the act.
dashes through words or numbers indicate deletionsji·om existing law andsuch 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 institutions.
determines, and declares that this act is necessary for the immediate preservation ofthe public peace, health, or safety or for appropriations for the support and maintenance of the departments of the state and state institutions.
____________________________ ____________________________ Julie McCluskie James Rashad Coleman, Sr.
Ju~ James Rashad Coleman, Sr.
SPEAKER OF THE HOUSE PRESIDENT OF OF REPRESENTATIVES THE SENATE ____________________________ ____________________________ Vanessa Reilly Esther van Mourik CHIEF CLERK OF THE HOUSE SECRETARY OF OF REPRESENTATIVES THE SENATE APPROVED________________________________________ (Date and Time) _________________________________________ Jared S.
SPEAKER OF THE HOUSE PRESIDENT OF OF REPRESENTATIVES THE SENATE - ~ Vanessa Reilly Esther van Mourik CHIEF CLERK OF THE HOUSE SECRETARY OF OF REPRESENTATIVES THE SENATE PAGE 2-HOUSE BILL 26-1218
Polis GOVERNOR OF THE STATE OF COLORADO PAGE 2-HOUSE BILL 26-1218
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Action History

  1. Governor Signed

  2. Signed by the Speaker of the House

  3. Signed by the President of the Senate

  4. Sent to the Governor

  5. Senate Third Reading Passed - No Amendments

  6. Senate Second Reading Passed - No Amendments

  7. Senate Second Reading Laid Over to 04/02/2026 - No Amendments

  8. Senate Committee on State, Veterans, & Military Affairs Refer Unamended - Consent Calendar to Senate Committee of the Whole

  9. Introduced In Senate - Assigned to State, Veterans, & Military Affairs

  10. House Third Reading Passed - No Amendments

  11. House Second Reading Special Order - Passed with Amendments - Floor

  12. House Committee on State, Civic, Military, & Veterans Affairs Refer Unamended to House Committee of the Whole

  13. Introduced In House - Assigned to State, Civic, Military, & Veterans Affairs

Sponsors

Sponsorship breakdown

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6 sponsors · 1 co-sponsors · 94 not signed on

Sponsors (6)

Co-sponsors (1)

  • J. Coleman

Not signed on (94)

94 members have not signed on to this bill.

Show all 94 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

BILL

Passed 35 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Democrat 21000
Republican 10000
Unaffiliated 4001
Total 35001
% of votes cast 97%0%0%3%
How each member voted (36)
Member Party Vote
Gonzales J. — Not Voting
Pelton B. — Yea
Pelton R. — Yea
President — Yea
Adrienne Benavidez — Yea
Cathy Kipp Democrat Yea
Chris Kolker Democrat Yea
Dylan Roberts Democrat Yea
Iman Jodeh Democrat Yea
James Coleman Democrat Yea
Janice Marchman Democrat Yea
Jeff Bridges Democrat Yea
Jessie Danielson Democrat Yea
Judy Amabile Democrat Yea
Katie Wallace Democrat Yea
Kyle Mullica Democrat Yea
Lindsey Daugherty Democrat Yea
Lisa Cutter Democrat Yea
Marc Snyder Democrat Yea
Matt Ball Democrat Yea
Mike Weissman Democrat Yea
Nick Hinrichsen Democrat Yea
Robert Rodriguez Democrat Yea
Tom Sullivan Democrat Yea
Tony Exum Democrat Yea
William Lindstedt Democrat Yea
Barbara Kirkmeyer Republican Yea
Cleave Simpson Republican Yea
Janice Rich Republican Yea
John Carson Republican Yea
Larry Liston Republican Yea
Lisa Frizell Republican Yea
Lynda Zamora Wilson Republican Yea
Marc Catlin Republican Yea
Mark Baisley Republican Yea
Scott Bright Republican Yea

Official roll call →

Refer House Bill 26-1218 to the Committee of the Whole.

Passed 11 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 3000
Democrat 8000
Total 11000
% of votes cast 100%0%0%0%
How each member voted (11)
Member Party Vote
Cecelia Espenoza Democrat Yea
Chad Clifford Democrat Yea
Jenny Willford Democrat Yea
Kenny Nguyen Democrat Yea
Lisa Feret Democrat Yea
Meg Froelich Democrat Yea
Michael Carter Democrat Yea
Naquetta Ricks Democrat Yea
Brandi Bradley Republican Yea
Scott Bottoms Republican Yea
Stephanie Luck Republican Yea

Official roll call →

Subjects

civil-rights
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Frequently asked questions

What does HB 1218 do?
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.)
Who sponsors HB 1218?
HB 1218 is sponsored by J. Coleman, M. Catlin, M. Ball, Brandi Bradley (Republican), Michael Carter (Democrat), Stephanie Luck (Republican), and Cecelia Espenoza (Democrat).
What is the current status of HB 1218?
This bill has been enacted into law. Introduced February 17, 2026. Enacted.
Where can I track HB 1218?
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