Gavin Howe
Oregon does not recognize common-law marriages within the state. However, it does recognize common-law marriages that have met the legal requirements in the states where they originated. While there is no common law in Oregon, the state does acknowledge domestic partnerships. In 2024, Oregon approved domestic partnerships for all sexes.
| Characteristics | Values |
|---|---|
| Common law marriage | Does not exist in Oregon |
| Recognition of common law marriages from other states | Yes |
| Domestic partnerships | Recognized for same-sex couples; unregistered domestic partnerships recognized for heterosexual couples |
| Cohabitation agreements | Recognized |
| Legislative proposals for common law marriage | Rejected in 2017 |
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What You'll Learn
Oregon does not have common law marriage
Oregon does not have common-law marriage. While nothing prohibits a cohabiting couple from describing each other as husband and wife, no legal recognition for common-law marriage in Oregon exists, and couples will not have the protections of marriage, regardless of how long they have cohabited or whether they have children.
In 2017, a bill was introduced in the Oregon Legislature to create a statutory framework for common-law marriage, but it did not pass. Oregon does, however, acknowledge common-law marriages from other places. For instance, if a couple is from another state and meets the requirements of common-law marriage in that state, Oregon will recognize it as a valid marriage.
Oregon does recognize domestic partnerships, which are obtained through a binding contract between two parties who are a minimum of 18 years old. No marriage ceremony of any kind is required for the parties to enter this contract. They must simply file a signed and notarized declaration of domestic partnership with the county clerk.
There are two types of domestic partnerships recognized in Oregon: unregistered and registered. Registered domestic partnerships are only offered to same-sex couples.
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Oregon recognises common-law marriages from other states
Oregon does not have common-law marriage. Common-law marriage is not recognised in Oregon if the marriage is contracted within the state. However, Oregon does acknowledge common-law marriages from other states.
The Oregon State Bar states that:
> "if a couple is from a state that acknowledges common-law marriages, and the couple meets the requirements of common-law marriage of that state, then the state of Oregon will recognize the marriage of that state as valid in Oregon."
In other words, if a couple moves to Oregon from a state that recognises common-law marriages, and they fulfilled the requirements for a common-law marriage in that state, Oregon will recognise their marriage as valid.
While there is no common-law marriage in Oregon, there are other ways to legally protect a relationship and assets. For example, couples can enter into a registered domestic partnership, which allows them to share custody of a child, jointly file state taxes, make healthcare decisions on each other's behalf, inherit assets, and seek spousal support. Alternatively, they can create a cohabitation agreement, which is similar to a prenuptial agreement but for unmarried couples.
It is important to note that the recognition of common-law marriages from other states may vary depending on the specific circumstances and the interpretation of the court. Couples who are unsure of their legal status or rights may benefit from consulting with a family law attorney in Oregon.
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Oregon's domestic partnership law
Oregon does not recognise common-law marriage. However, the state does acknowledge those from other places. For instance, if a couple is from another state that recognises common-law marriage and meets the requirements of common-law marriage in that state, Oregon will recognise their marriage as valid.
In Oregon, a domestic partnership is obtained through an agreement between two parties who are at least 18 years old. No marriage ceremony is required for the parties to enter this binding contract. They must simply file a signed and notarized declaration of domestic partnership with the county clerk.
Oregon was one of the first states to enact a domestic partnership law in 2007, which allowed same-sex couples to register with the state and enjoy some of the same legal benefits and protections as married couples. While domestic partnerships are not equivalent to common-law marriages, they have provided a legal framework for the recognition and support of non-traditional relationships.
The requirements to register a domestic partnership in Oregon are:
- Both partners must be at least 18 years old.
- At least one partner must be a resident of Oregon.
- Neither partner can be presently married or in a legally recognised registered domestic partnership.
- Neither partner can be registered as the domestic partner of another person in any jurisdiction.
- The partners cannot be first cousins or any nearer kin.
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Court rulings on common law marriage
Oregon does not have common-law marriage. There is no legal recognition for common-law marriage in Oregon, and couples will not have the protections of marriage, regardless of how long they have cohabited or whether they have children.
However, Oregon does acknowledge common-law marriages from other states. If a couple is from a state that acknowledges common-law marriages and meets the requirements of common-law marriage in that state, Oregon will recognize the marriage as valid.
In 1997, the Oregon Court of Appeals recognized a common-law marriage between two men, despite Oregon law not recognizing same-sex marriage at the time. Since then, several other Oregon courts have applied the principles of common-law marriage to unmarried couples of different genders in cases involving paternity, property division, and other issues.
Oregon has an ever-growing domestic partnership body of law. Registered domestic partnerships in Oregon allow couples to share custody of a child, jointly file state taxes, make healthcare decisions, inherit assets, and seek spousal support. Couples of any gender combination can get married, but only same-gender partners can enter into a registered domestic partnership.
While there are no statutes legalizing common-law marriage in Oregon, cohabiting couples can still face legal issues. In the absence of a clear cohabitation agreement, courts may have to interpret the couple's history, correspondence, and intentions. This can become more complicated the longer the relationship lasts and the more "marriage-like" the couple's actions are.
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Legislative proposals to clarify common law marriage
While Oregon does not have common-law marriage, it does acknowledge common-law marriages formed in other states where they are recognised and that meet the requirements of Oregon law.
In 2017, a bill was introduced in the Oregon Legislature to create a statutory framework for common-law marriage, but it did not pass. Some observers argue that such a law would enhance the predictability and transparency of common-law marriage, while others warn that it would undermine the flexibility and informality that has made common-law marriage attractive to many couples.
The bill would have provided a clear and consistent framework for recognising common-law marriages in Oregon, addressing the current lack of standardisation and the resulting confusion and uncertainty for couples. It would have established specific criteria for what constitutes a common-law marriage, including factors such as the duration of cohabitation, mutual consent, and public presentation as a married couple.
Additionally, the bill could have clarified the rights and protections afforded to couples in a common-law marriage, bringing them closer to the rights of married couples. This could include rights related to property ownership, financial matters, and decision-making, as well as potential spousal support in the event of a breakup.
By codifying common-law marriage, the legislative proposal aimed to provide greater certainty and protection for couples choosing this form of union. However, the failure of the bill highlights the ongoing debate and complexity surrounding common-law marriage in Oregon, with some valuing flexibility while others seek the benefits of standardised legal recognition.
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Frequently asked questions
No, Oregon does not recognize common-law marriage within the state. However, it does recognize common-law marriages that have met the legal requirements in the states where they originated.
In a broad sense, common-law marriage means that after living together for many years without officially marrying, the law considers partners married.
To be eligible for recognition as a common-law spouse in Oregon, the couple must meet the following criteria: they must be at least 18 years old, have lived together for a significant period of time, have presented themselves as married, have entered into the relationship voluntarily, and have had the capacity to consent to the relationship.
Yes, Oregon recognizes domestic partnerships, which provide a legal framework for the recognition and support of non-traditional relationships. There are two types of domestic partnerships recognized in Oregon: unregistered and registered domestic partnerships.
To establish a domestic partnership in Oregon, couples must be legally recognized adults, at least 18 years of age, and must file a signed and notarized declaration of domestic partnership with the county clerk.
