Oregon common law marriage laws

JavaScript seems to be disabled in your browser. You must have JavaScript enabled in your browser to utilize the functionality of this website. Use this page to locate and download Cohabitation Agreement Forms or Wills for persons living together but not married.

Oregon Cohabitation Form Categories

All forms are State Specific. What rights do unmarried couples have? Generally, unmarried cohabitants do not enjoy the same rights as married individuals, particularly with respect to property acquired during a relationship. Marital property laws and other family laws related to marriage do not apply to unmarried couples, even in long-term relationships. The characterization of property acquired by unmarried cohabitants is less clear than that of married couples whose ownership of property is governed by marital and community property laws.

Some property acquired by unmarried couples may be owned jointly, but it may be difficult to divide such property when the relationship ends. There is no obligation of financial support attached to a couple who cohabits, absent an agreement to the contrary. If you are financially dependent on a romantic partner and the relationship ends, the effects of the breakup can be much harsher.


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How is cohabitation defined? Cohabitation is generally defined as two people living together as if a married couple.

Oregon Cohabitation Forms

State laws vary in defining cohabitation. Some states have statutes which make cohabitation a criminal offense under adultery laws. Under one state's law, cohabitation means "regularly residing with an adult of the same or opposite sex, if the parties hold themselves out as a couple, and regardless of whether the relationship confers a financial benefit on the party receiving alimony. Proof of sexual relations is admissible but not required to prove cohabitation.

Marriage in Oregon

Is it possible for unmarried couple to establish rights as a couple? Living together, or cohabitation, in a non-marital relationship does not automatically entitle either party to acquire any rights in the property of the other party acquired during the period of cohabitation. However, adults who voluntarily live together and engage in sexual relations may enter into a contract to establish the respective rights and duties of the parties with respect to their earnings and the property acquired from their earnings during the nonmarital relationship. While parties to a nonmarital cohabitation agreement cannot lawfully contract to pay for the performance of sexual services, they may agree to pool their earnings and hold all property acquired during the relationship separately, jointly or to be governed by community property laws.

They may also agree to pool only part of their earnings and property, form a partnership or joint venture or joint enterprise, or hold property as joint tenants or tenants in common, or agree to any other arrangement. Other legal issues that may be affect cohabiting couples include estate planning and medical care. Generally, someone who cohabits with another is not considered an heir under the law or have the same rights to make medical care decisions in the same manner as a spouse.

The laws of the State of Oregon affirm your right to enter into marriage and at the same time to live within the marriage free from violence and abuse.?

The clerk may require proof of age by affidavit of some person other than either of the parties seeking the license if the clerk deems it necessary in order to determine the age of an applicant to the clerk? The affidavit is sufficient authority to the clerk, so far as the facts stated therein, for issuing the license. A marriage license shall not be issued without the written consent of the parent or guardian, if any, of an applicant who is less than 18 years of age, nor in any case unless the parties are each of an age, as provided in ORS If either party under 18 years of age has no parent or guardian resident within this state and either party has resided within the county in which application is made for the six months immediately preceding the application, the license may issue, if otherwise proper, without the consent of the nonresident parent or guardian.

The county clerk shall indicate on the license the date on which the license becomes effective. A license shall be valid for 60 days after the effective date. When the county clerk issues a marriage license, the county clerk shall also give to the licensees a pamphlet describing the medical condition known as fetal alcohol syndrome, its causes and its effects.

The records must include the names of the parties, the consent of the parent or guardian, if any, the name of the affiant, the substance of the affidavit upon which the license issued and the date of the license. Except as provided in ORS No county clerk shall issue a license contrary to the provisions of ORS Except as provided in subsection 4 d of this section, the judge may not solemnize a marriage without proof of payment of the fee.

A marriage solemnized before any person professing to be a judicial officer of this state, a county clerk or a clergyperson of a religious congregation or organization therein is not void, nor shall the validity thereof be in any way affected, on account of any want of power or authority in such person, if such person was acting at the time in the office or the capacity of a person authorized to solemnize marriage and if such marriage is consummated with the belief on the part of the persons so married, or either of them, that they have been lawfully joined in marriage. No person shall undertake to join others in marriage knowing that the person is not lawfully authorized so to do.

No person authorized to solemnize marriage shall join persons in marriage contrary to any of the provisions of ORS In such case, the person presiding or officiating in the religious organization or congregation shall deliver to the county clerk who issued the marriage license the application, license and record of marriage in accordance with ORS The county clerk shall give to the parties to the marriage a commemorative marriage certificate in accordance with ORS The certificate must contain the names and addresses of the parties and of at least two witnesses, the date and place of the marriage, the signature of the person who solemnized the marriage, the date of the marriage license and the name of the county clerk who issued the license.

This is a commemorative certificate. This certificate is not the legal marriage record.? A person solemnizing a marriage shall, within 10 days after the marriage ceremony, complete the original application, license and record of marriage form and deliver the form to the county clerk who issued the marriage license.

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The person solemnizing the marriage may keep a copy of the application, license and record of marriage form. If a party requests a surname change under this section, that party may also change the party? Each party must indicate on the application, license and record of marriage the party?

If a party indicates a name change other than as described in subsection 1 of this section, the party shall request approval of the court pursuant to ORS ORS The Legislative Assembly finds that: 1 Section 20, Article I of the Oregon Constitution, has always enshrined the principle that all citizens of this state are to be provided with equal privileges and immunities under the laws of the State.

In addition, as provided in ORS A.

Common Law Marriage

These fundamental principles are integral to Oregon? Legal recognition of marriage by the state is the primary and, in a number of instances, the exclusive source of numerous rights, benefits and responsibilities available to married individuals under Oregon law. Marriage is limited to the union of one man and one woman by section 5a, Article XV of the Oregon Constitution.