Divorce Myth: Oregon has common law marriage

by csstephens on November 7, 2009

clm As divorce lawyers based in Portland, Oregon, we get a surprising number of questions about common law marriage. Common law marriage is where a legal marriage is created without a marriage license or marriage ceremony.  Usually the couple has to (1) live together for a significant period of time, (2) hold themselves out as a married couple, (3) and intend to be married.  I am surprised by how many people believe Oregon has common law marriage.  We don’t, hence the myth.  If you live together in Oregon, to be married, you have to comply with the marriage statues.  A few states do allow for common law marriage. .  Alabama, Colorado, Kansas, Rhode Island, South Carolina, Iowa, Montana, Oklahoma, Texas, and the District of Columbia recognize common-law marriages created within their borders.

{ 2 comments… read them below or add one }

Jim Riley December 22, 2009 at 1:35 pm

I lived with a woman in Oregon for 8 years. She purchased a home 5 years ago. We have gone or seperate ways. She now says I still owe
her x amount each month be cause we lived together for so long.
I entered that relationship with only a truck and a job. I left with only the money in my checking account and my clothes. I don’t see where I am responsible for anything. She can’t afford the house without my income even though she gets $1600.00 a month alimony from her first marriage. Am I resonsible for anything legally. I went into it with nothing,left with nothing.

admin January 8, 2010 at 9:26 am

Even if your relationship could be considered a domestic partnership under Oregon Law, she would never have a claim against you for spousal support. Spousal support is only available in a divorce/legal separation. You may want to consult with an attorney if you and she commingled your finances during the relationship resulting in her leaving the relationship with assets.

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