Your FAQs About Common Law Marriage In Portland Answered!

What is common law marriage?

Does this statement sound familiar to you? “If you’re in a domestic partnership with someone for over seven years, you can be considered to be in a common law marriage.” 

A common law marriage, by definition, is a legally binding partnership that takes place without a wedding ceremony or a marriage license between two people of legal age who either intend to be married or present themselves to the world as a married couple. 

But how common are common law marriages? And is common law marriage in Oregon available to those couples who would like to take advantage of it?

Is common law marriage an option in Oregon?

Common law marriage is not an option in Oregon. 

According to the National Conference of State Legislature’s most recent data, there are eight states in the U.S. who recognize common law marriage in their respective statutes. They are Colorado, Iowa, Kansan, Montana, New Hampshire, South Carolina, Texas, and Utah. 

Previously, six additional states recognized common law: Pennsylvania, Ohio, Indiana, Georgia, Florida, and Alabama. 

Other states, like Rhode Island and Oklahoma, while having no statutes on the books regarding common law marriage, have recognized these types of unions in case law (i.e., laws recognized through judicial opinion vs. those created in the state or federal legislature. 

Highlighting the nuances from state to state even further, Oklahoma requires a marriage license for common law partnerships, despite the implied casual framing of these relationships. 

Will my common law marriage be recognized in Oregon?

If you have entered into a common law marriage in one of the above states and you meet all of the legal requirements that recognize it as such, then the state of Oregon will recognize your marriage as valid. 

Does the state of Oregon recognize any other partnerships?

Yes, while Oregon does not recognize common law marriage outside of those that have met the legal requirements in the states where they originated, it does recognize domestic partnerships. 

In fact, in Oregon there are actually two different types of domestic partnerships that are recognized: Unregistered and registered domestic partnerships.

Much like those states that recognize common law marriage, the requirements for a domestic partnership can vary from state to state. 

In Oregon, the requirements for a domestic partnership are as follows:

• You must be legally recognized adults, 18 years of age or older

• You must be a couple — either heterosexual or same-sex

• You may not be related biologically (they cannot be first cousins or nearer of kin)

• At least one of you must be a resident of Oregon

• You must be willing and mentally competent participants in order to consent

• You cannot be a domestic partner or already married to anyone else 

Should a couple in an unregistered domestic partnership dissolve their relationship, the validity of that partnership would typically need to be proven in court so that a judge could rule on the division of assets. 

For those couples in registered domestic partnerships, the state offers much more flexibility and leeway in terms of legal recognition. These couples can file their taxes jointly, share child custody, inherit property and assets, seek spousal support, and even file their taxes jointly. 

An important note: Only same-sex couples in can file for registered domestic partnerships in Oregon. Registered domestic partnerships are not offered to opposite-sex couples in Oregon. 

Is there a way to protect myself if I’m in a domestic partnership?

Yes, there is. It’s called a cohabitation agreement. 

A cohabitation agreement is very much like a prenup, but it’s designed for unmarried couples. 

Like prenuptial agreements, their intent is to put shared assets and responsibilities into very clear terms, while also outlining the couple’s intent should the relationship dissolve. 

The crucial difference between cohabitation agreements and prenuptial agreements is how legally enforceable they are, and at the time of this writing, they are only enforceable under contract law. There is no legal statute regarding cohabitation agreements. 

This means if you were to buy a home or other significant asset or property with your partner, both of your names should be on the title or other associated legal documents.

Things might feel blissful and shared during the relationship, but in the instance where the relationship ends, sometimes the perception of shared ownership and equitable contribution can change. 

Documentation is crucial to proving to the court that these assets are shared, as things can get even more complicated if you have children. 

The dissolution of domestic partnerships that do not include significant assets, property, or children can often get resolved in arbitration, and those that do include the above would be wise to create a clearcut cohabitation agreement so that unraveling the partnership can be done so quickly and fairly. 

So while common law marriage is not legal in the state of Oregon, there are still options for those seeking legally recognized partnerships outside of traditional marriage, and ways to protect yourself should that relationship end. 

If you want to learn more about domestic partnerships, cohabitation agreements, pre-, or post-nuptial agreements, and more, contact DBMA Family Law TODAY for your confidential consultation!