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Oregon Common Law Marriage

What is Common Law Marriage in Oregon?

Common-law marriage is seen as one in which couples stay together over a period of time and present themselves as "married" without undergoing the process of a formal marriage ceremony or acquiring a marriage license from the state. The state of Oregon does not have laws supporting common-law marriages established within its boundaries. However, recognition is given to common-law marriages that are established in other states. The state also recognizes other unions outside common-law marriage such as a domestic partnership. Common-law marriage seems to offer an alternative way for partners who wouldn't want to go through a formal ceremony to be together and have some form of recognition by the state.

States with laws supporting common-law marriages include Colorado, South Carolina, Iowa, Utah, New Hampshire, Montana, and the District of Columbia. Couples in common-law marriage may be entitled to certain rights and privileges that are enjoyed by married couples who are licensed by the state. Some of these rights include:

  • Right to spousal support.
  • Right to sharing of the properties jointly owned by the couples in the event of separation.
  • Right to inherit a spouse's estate in the event of death.
  • Right to the custody of child or children if the couples on divorce.
  • Visitation rights in the event of improvement.
  • Tax deductions and exemptions

Notwithstanding the benefits that are available to common-law couples, there are some downsides associated with this type of union which includes:

  • The burden of proving the credibility of common-law marriage is on the couples as there are no documents to prove that the marriage took place.
  • Issues may arise in the division of the couple's estates in the event of separation especially where there are no written agreements.
  • In the event of the death of any of the partners, it may be difficult for the surviving partner to lay claims to their estate.

Does Oregon Recognize Common Law Marriage?

According to the Oregon State Bar, common-law marriages contracted within the borders of the state do not have legal recognition. In contrast, Oregon recognizes common-law marriages conducted in other states that support this type of union-in adherence to the Full Faith and Credit Clause. Oregon also recognizes domestic partnerships and makes provision for the equitable distribution of properties jointly owned by couples in the event of separation. To end a domestic partnership, partners are required to file for dissolution in a civil court.

What is a Domestic Partnership in Oregon?

In Oregon, a domestic partnership is a civil contract between couples living together without going through a formal marriage. Oregon does not recognize domestic partnerships certified by other states. Residents who entered into domestic partnerships in other states are required to register with the local county marriage office for such a union to gain state recognition. To register a domestic partnership, couples are required to meet the following criteria:

  • Parties must be not less than 18 years of age
  • Parties must be capable of giving consent
  • Couples must not be closely related.
  • One of the parties must be an Oregon resident.
  • Parties must not be married or registered as a domestic partner to another person.

What is a Cohabitation Agreement in Oregon?

The cohabitation agreement in Oregon is a legal agreement enforceable by the courts. This agreement is entered into by couples who live together but are not in a civil union. A cohabitation agreement outlines the obligations as well as rights of the parties in the union. This agreement, which is similar to a prenuptial agreement, also details how the couple's assets will be shared in the event of separation.

Oregon Common-law Marriage and Palimony

Common-law marriages conducted within the state of Oregon have no legal recognition. Notwithstanding, the state adopts a palimony system that makes it possible for couples who are not formally married to access financial support after separation. Couples in common-law marriage may sign agreements stipulating how their estate will be divided at the time of separation. Where there are no written agreements, the partner seeking for palimony award is required to prove that such agreements were reached. In deciding a palimony award the court considers the following:

  • The number of years the couples stayed together
  • Support promises made by a partner
  • Written financial agreements
  • The financial position of the parties.
  • The existence of children in the union.
  • The level of sacrifices made by one partner towards the career advancement of the other.

What Are the Requirements for a Common Law Marriage in Oregon?

The state of Oregon does not acknowledge common-law marriages that are conducted within the state. However, the state recognizes common-law marriages conducted in states that support such unions. The state also recognizes cohabitation, and domestic partnership or civil unions. To register a domestic partnership, interested persons may fill the declaration form and ensure they meet the requirements outlined by the state.

It is worthy of note that Oregon does not recognize domestic partnership certified in other states. Domestic partners certified in other states are required to file a registration with the marriage office in the county of residence.

How many years do you have to Live Together for Common Law Marriage in Oregon?

Common-law marriages entered into in the state of Oregon are not recognized; no matter how long couples live together. Rather, other forms of the union such as domestic partnership and cohabitation have legal recognition. Oregon law gives certain marital rights to domestic partners certified by the state.

What Does it Mean to be Legally Free to Marry in Oregon?

In Oregon, a person is legally free to marry if such has fulfilled the requirements stipulated by the law for marriage to take place which include:

  • The parties must be at least 17 years old.
  • The parties must be capable of giving consent.
  • The parties are not in any other marriage relationship

What is Intent to Marry in Oregon?

In Oregon, intent to marry is an oral or written declaration of a person's commitment and intention to enter a marriage relationship with another. In a formal marriage ceremony, intent to marry may be declared verbally. Where one of the parties is not a citizen, a written declaration is required for residency application at the federal level.

What is an Informal Marriage in Oregon?

Informal marriage is a term used for common-law marriages in Texas. Oregon does not recognize informal marriages established in the state. However, the state recognizes civil unions entered in other states where such union is supported by the law. Couples who registered as informal couples in Texas are given legal recognition in the state of Oregon.

How Do You Prove Common Law Marriage in Oregon?

To prove common-law marriage in Oregon, parties are required to provide documents showing that the parties willingly entered the union. Where either of the parties is refuting the existence of the union, an affidavit may be required as proof. Other ways to support the claims that a common-law marriage exists include:

  • Documents showing joint ownership of properties.
  • Documents showing the parties live in the same house (includes insurance policies, credit card bills, and driver's license)
  • Documents showing joint leases of properties.
  • Bills of shared utilities such as gas, telephone bills as well as electricity.

Third-party websites provide an alternative to obtaining public vital records. These non-governmental platforms come with intuitive search tools that help simplify the process of accessing single or multiple records. However, record availability on third-party sites tends to vary because they’re independent of government sources. To obtain public marriage records, requesters may need to provide:

  • The full name of both spouses ((include first, middle, and last names)
  • The date the marriage occurred (month, date and year)
  • The location where the marriage occurred (city and county)

How Do You Prove Common Law Marriage in Oregon After Death?

To prove common-law marriage after death, a widowed partner may be required to provide documents supporting the existence of the union. Supporting documents include domestic partnership declaration form, cohabitation agreements, and written testimonials from two blood relations of the deceased partner. Oregon does not recognize common-law marriages conducted within its borders. However, the state recognizes civil unions entered in other states where it is supported.

Do Common Law Marriages Require a Divorce

Couples in common-law marriages in the state of Oregon are not entitled to divorce proceedings. However, where such marriages were conducted in other states where the union is supported by the law, legal proceedings may be initiated by the couple for dissolution of the union. On the other hand, a domestic partnership in the state of Oregon is a civil contract. Annulment of such unions follows the same process as the dissolution of a formal marriage. When a common-law marriage is annulled, the court decides on certain obligations and rights such as property division, spousal support, and child custody where couples have children.

Does A Common-Law Wife Have Rights in Oregon?

In Oregon, a common-law wife has rights if the union was established in a state with laws supporting common-law marriage. Common-law marriages established in the state have no legal recognition and as such the rights of the couples are not protected by law.

Can a Common Law Wife Collect Social Security in Oregon?

A common-law wife whose marriage was established in a state where common-law marriage is recognized can collect social security. Couples are required to provide evidence that supports the existence of the marriage before social security is given. The required documents include a testimonial from a close relative and a statement of marriage relationship form duly signed by the couple.

Are Common Law Wives Entitled To Half In Oregon?

In Oregon, common-law wives whose marriages are established in states with laws backing up the marriage are entitled to certain marital rights. Once the validity of the union has been established, a common-law wife may lay claims to as much as half of the couple's estate at the time of separation. The state upholds the principle of equitable distribution of jointly owned properties where no written agreements on estate division are presented.

How Do You Get A Common-Law Marriage Affidavit in Oregon?

The state of Oregon does not issue common-law marriage affidavits as such union is not recognized by the state. Common-law marriage affidavit is issued in states where the union is recognized by the law. The requirement for obtaining a common-law marriage affidavit may differ among the states. An affidavit is however required to capture the following:

  • The names of the parties
  • The age of the parties
  • The date when the common-law marriage was established
  • The state where the union was established.
  • Details of previous civil unions established by the parties.

When Did Common Law Marriage End in Oregon?

The state of Oregon has no recognition for common-law marriages right from the onset. Common-law marriages with state recognition are only those that were conducted in other states where such union is supported by law.

What is Considered Common Law Marriage in Oregon?

Common-law marriages established in the state of Oregon have no legal recognition. Marriage in Oregon is a civil union between two individuals who are 17 years old and above. As a civil union, parties are entitled to rights and obligations which are protected by the law. The state only recognizes marriage unions that are backed up with marriage licenses obtained at the county marriage office. The state recognizes other forms of civil unions such as a domestic partnership.

Does the Federal Government Recognize Oregon Common Law Marriages?

The federal government recognizes common-law marriages established in states where the union is supported by the law. Common-law marriages established in Oregon are not recognized by the state. Consequently, Oregon common-law marriages are not recognized by the federal government.

As of June 1, 2021, the following states and the District of Columbia recognize common-law marriages:

  • Rhode Island
  • South Carolina
  • Texas
  • Utah
  • Iowa
  • New Hampshire
  • Colorado
  • Montana
  • Texas

Common-law marriages established in some states are recognized if the marriages were entered before specified dates. Indiana, Georgia, Ohio, Alabama, Florida, and Pennsylvania abolished common-law marriages at some point. Common-law marriages established after the union stopped being recognized by the state are void. Requirements needed for the establishment of common-law marriage may differ from state to state.