Does the State of Oregon Have Common Law Marriage?
The Pacific Northwest has cultivated its fair share of stereotypes over the last several decades, some earned, some to the point of hackneyed stereotypes.
While there might be a kernel of truth to our assumed love of pour over coffee, craft beer, farmer’s markets, and Patagonia in the boardroom, some ideas are downright mythological in origin, creating a caricature of Oregonians that simply isn’t true.
One such misconception is in regard to marriage, specifically common law marriage. You’ve probably heard some version of the “If you live with your partner for, like, seven years, then you become common law married”.
With Oregon’s seemingly lax attitude toward so many things, surely this approach to common law marriage might exist. Especially in Portland. Right?
Well, at DBMA, we’re here to set the record straight for you.
First things first: What is common law marriage?
Common law marriage often refers to a long-term unmarried domestic partnership that becomes the equivalent to a state sanctioned marriage after certain criteria are established.
For those states that do recognize common law marriage, there are several determining factors that would help to categorize the relationship as a common law marriage, including whether or not the couple treats the relationship as a marriage, they share bank accounts, refer to one another as each others’ spouse, wear rings, or possibly have even signed some form of documentation (not a marriage license) that would either imply or state outright that they are married. These requirements tend to differ state to state.
And that seven-year figure? It’s a myth. No one really knows where it came from. There generally isn’t a time period associated with a common law marriage. It’s more behavioral than a legal obligation that just kicks in after a certain period of time.
Does Oregon have common law marriage?
The state of Oregon does not have common law marriage. (There is one important exception: if a couple from another state meets the requirements of their states common law marriage laws, then Oregon will recognize that marriage from that state as valid.)
Oregon does, however, recognize registered and unregistered domestic partnerships.
A registered domestic partnership in the state of Oregon enables you to share custody of a child, jointly file state taxes, make healthcare decisions on your partner’s behalf, inherit assets (even without a will), or even seek spousal support. It is important to note that couples of any gender combination can get married, but only same-gender partners can enter into a registered domestic partnership.
An unregistered domestic partnership is something that if proven would provide the court with a basis to divide assets consistent with the intent of the parties.
What is a cohabitation agreement?
Another way to recognize your relationship and legally protect your assets is through a cohabitation agreement, which are similar to prenuptial agreements, except that they apply to unmarried people.
To be clear, there are no laws on the books for cohabitation agreements. They aren’t presumptively enforceable, though they are enforceable under contract law.
Cohabitation agreements are valuable because they put everything on the table in very clear terms of, “We are a couple and we share certain things, but should there be issues later, there is no mystery.”
If your intention is to share a home, then you probably should put their name on the title, too. It is not uncommon in those cases where only one partner’s name was on a home’s title, they made 50/50 contributions to its payments and care, but one partner tended to think of it as “more mine than ours.”
Even cohabitation agreements can be complicated
Remember, when it comes to cohabitation, there’s no statutory law; there is only judge made law.
Unless you have a clear cut cohabitation agreement (and sometimes even when you do have a clear cut agreement) the court is forced to comb through your history, your correspondence, and its best interpretation of your intentions. The court essentially has to put together its best interpretation of the material evidence at hand in combination with what’s in your heads.
It gets more complicated the longer your relationship, or the more “marriage-like” your actions might have been. You hosted a ceremony. There were invitations that referred to it as something like a marriage. The invitation said “Welcome to our home.”
If you have no children and only real property, then often these cases will go to arbitration. Despite the complications, a cohabitation agreement is still the smartest way to protect yourself.
Does this mean that legal marriage is always best?
No, not at all. There are all sorts of reasons not to get married. Taxes, for instance. Or sometimes how marriage might negatively impact benefits and assistance. In many cases, the government assumes your spouse will support you, but they simply may not be able to, or you’re tied to an abusive or exploitative situation.
Or maybe you just don’t want to get married. It’s really that simple. You don’t need a reason. Marriage isn’t for everybody, and that’s okay.
So which states (and districts) do have common marriage laws?
Colorado
Iowa
Kansas
Montana
New Hampshire
Oklahoma
Rhode Island
Texas
Utah
Washington D.C.
It’s important to note that each state on this list has a different approach in the recognition of common law marriage. In general, it’s not a standardized system. Meeting with an attorney if you moved to Oregon from one of these states (or D.C.) before your relationship breaks down, to discuss your options and how to protect your rights, is often a good idea.
Do you have more questions about domestic partnerships, cohabitation agreements, and what makes the best sense for your relationship and your long-term well-being? Contact DBMA Family Law TODAY. Find the peace of mind and clarity you deserve by working with the DBMA team on your unique family law-related needs. Contact us NOW for your confidential consultation.