Kara Sears
In the United States, common-law marriage, also known as sui juris marriage, informal marriage, marriage by habit and repute, or marriage in fact, is a form of irregular marriage that survives only in seven U.S. states and the District of Columbia, along with some provisions of military law. Oregon is not one of the states that recognizes common-law marriage. However, if a couple has lived in a state that recognizes common-law marriage and has held themselves out as husband and wife, Oregon will recognize their common-law marriage.
| Characteristics | Values |
|---|---|
| Common-law marriage recognized | No |
| Domestic partnerships recognized | Yes |
| Minimum age for marriage | 17 with parental consent, 18 without |
| Waiting period after obtaining license | 3 days, unless waived by a judge or clerk |
| Fee for marriage license | $50-$75, depending on the county |
| Number of adult witnesses required | 2 |
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What You'll Learn
Oregon does not recognise common-law marriage
In the United States, common-law marriage, also known as sui juris marriage, informal marriage, marriage by habit and repute, or marriage in fact, is a form of irregular marriage that survives only in a handful of states. Oregon is not one of these states. Oregon does not recognise common-law marriage.
However, Oregon does recognise registered and unregistered domestic partnerships. A registered domestic partnership in Oregon enables couples to share custody of a child, jointly file state taxes, make healthcare decisions, inherit assets, or seek spousal support. Couples of any gender combination can enter into a registered domestic partnership, although only same-gender partners can enter into a registered domestic partnership.
Unregistered domestic partnerships are also recognised in Oregon. If proven, an unregistered domestic partnership provides the court with a basis to divide assets consistent with the intentions of the parties. In the case of cohabitation, there is no statutory law, only judge-made law. The court must interpret the material evidence, correspondence, and intentions of the couple. This becomes more complicated the longer the relationship or the more "marriage-like" the couple's actions.
If a couple moves to Oregon from a state that does recognise common-law marriage, Oregon will recognise that marriage as valid as long as the couple meets the requirements of their previous state's common-law marriage laws.
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Common-law marriage in other states
Oregon does not recognize common-law marriages. However, Oregon does recognize 'domestic partnerships', which refer to long-standing, not-officially-recognized domestic unions between any two people. When such a union ends, the parties may be able to make claims against one another's property if they can demonstrate that they acquired the property together and intended to share it as a domestic unit.
In the United States, common-law marriage, also known as sui juris marriage, informal marriage, marriage by habit and repute, or marriage in fact, survives only in seven US states, the District of Columbia, and some provisions of military law. Two other states recognize domestic common-law marriage after the fact for limited purposes. The term 'common-law marriage' is often used colloquially or by the media to refer to cohabiting couples, regardless of their legal rights.
The three requirements that must coexist to establish a common-law marriage in Kansas are: (1) the capacity to marry; (2) a present marriage agreement; and (3) holding out as husband and wife to the public. In Texas, there is no specification on the length of time a couple must cohabitate. An informal marriage can occur if a couple lives together for as little as one day if they can show an agreement to be married and hold themselves out as married to the public.
New Hampshire recognizes common-law marriage for probate purposes. Pennsylvania abolished common-law marriages entered into after January 1, 2005. Alabama recognizes common-law marriages formed before January 1, 2017, and Florida recognizes those formed before January 1, 1968. Colorado no longer recognizes common-law marriages entered by minors in the state or abroad.
All US jurisdictions recognize valid out-of-state marriages under their laws of comity and choice of law/conflict of law rules, including marriages that cannot be legally contracted domestically. For example, California allows first cousins to marry, but Nevada does not. If two first cousins marry in California, Nevada will recognize that marriage as valid. However, if they attempt to marry in Nevada, their marriage will not be valid in either state. The Full Faith and Credit Clause of the US Constitution requires states to respect other states' laws, so states without common-law marriage must recognize a common-law marriage from a state that permits it.
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Oregon's recognition of common-law divorce
Oregon does not recognize common-law marriages. However, if a couple from another state meets the requirements of their state's common-law marriage laws, Oregon will recognize that marriage as valid. Oregon does recognize registered and unregistered domestic partnerships, which can be between any two people regardless of gender. When such a union ends, the parties may be able to make claims against one another's property if they can demonstrate that they acquired the property together and intended to share it as a domestic unit.
Oregon divorce laws are similar to those of other states, but there are some distinct differences. Oregon is an equitable distribution state, meaning that all property acquired during the marriage will be considered jointly owned and will be divided fairly between the parties. Importantly, Oregon does not exclude property acquired before the marriage, which is quite rare. In most states, only the property acquired during the marriage is divided. Oregon courts determine child custody by considering what is in the best interest of the child, and if the parents cannot agree, the court will usually order them to go through mediation.
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Domestic partnerships in Oregon
In the state of Oregon, the term "domestic partnership" is used to refer to a long-standing, not-officially-recognized domestic union between any two people, regardless of gender. Oregon's domestic partnership system is available to all couples, whether they are of the same or opposite sex.
The history of domestic partnerships in Oregon can be traced back to 2005, when the state senators approved a bill that would have created civil unions and prohibited discrimination based on sexual orientation. However, this bill was blocked by the Republican Speaker of the House, Karen Minnis. It wasn't until 2007 that a similar bill was reintroduced and successfully passed by the House and Senate, becoming the Oregon Family Fairness Act. This Act avoided the use of the terms "marriage" or "civil union" and instead referred to these unions as "domestic partnerships". The Act was signed into law by Governor Ted Kulongoski on May 9, 2007, and went into effect on February 4, 2008, after a delay due to a court challenge. Initially, Oregon limited domestic partnerships to same-sex couples, but this changed in 2023 when both houses of the Oregon Legislative Assembly voted to allow opposite-sex couples to enter into domestic partnerships as well. This expansion of the law took effect on January 1, 2024.
To register a domestic partnership in Oregon, couples are required to submit a paper form to their county courthouse. There is a fee of $60 for this process, and it is important to note that personal checks are not accepted as payment. The dissolution of a domestic partnership in Oregon also requires filing with the county courthouse, similar to the process for divorce. While an Oregon domestic partnership is recognized by the state, other states and the federal government may or may not choose to recognize it.
It is important to note that Oregon does not recognize common-law marriages. However, if a couple has established a common-law marriage in another state that recognizes it, Oregon will recognize their marriage when they move to the state.
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Requirements for common-law marriage
In the United States, common-law marriage, also known as sui juris marriage, informal marriage, marriage by habit and repute, or marriage in fact, is a form of irregular marriage that only survives in seven states and the District of Columbia, along with some provisions of military law. Two other states also recognize domestic common law marriage for limited purposes after the fact. Oregon, however, is not one of the states that recognize common-law marriage. If a couple has a common-law marriage in another state and then moves to Oregon, their common-law marriage will be recognized by the state. Oregon does recognize "domestic partnerships," which refer to long-standing, not-officially-recognized domestic unions between any two people, and when such a union ends, the parties may be able to make claims against one another's property.
The requirements for common-law marriage vary depending on the state, but there are some commonalities. Here are the general requirements for common-law marriage:
- Capacity to marry: Both parties must be competent to enter into a marriage, typically requiring both individuals to be at least 18 years old. In some states, like Kansas, both parties must be 18 years old, while other states, like Oregon, allow 17-year-olds to marry with parental consent.
- Mutual consent and agreement: The couple must mutually consent and agree to be married. This means they have a present marriage agreement and hold themselves out as husband and wife to the public.
- Cohabitation: The couple must live together and present themselves as a married couple to the community. The length of time required for cohabitation varies by state. For example, in Texas, there is no specified length of time, so a couple could be considered informally married after living together for as little as one day if they meet the other requirements.
It is important to note that while Oregon does not have common-law marriage, it does recognize divorce judgments arising from common-law marriages in other states. Additionally, Oregon's recognition of domestic partnerships provides some similar rights and benefits to married couples, including same-sex couples.
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Frequently asked questions
No, Oregon does not recognize common-law marriage. However, Oregon will recognize a common-law marriage that was created in another state.
Common-law marriage, also known as sui juris marriage, informal marriage, or marriage by habit and repute, is a form of irregular marriage that survives only in seven U.S. states and the District of Columbia, along with some provisions of military law.
The three requirements that must coexist to establish a common-law marriage are: (1) the capacity to marry, (2) a present marriage agreement, and (3) holding out as a married couple to the public.
