Common Law Marriage In Oregon: Rights And Responsibilities

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In the state of Oregon, common law marriage is not recognized as a valid form of marriage. However, this does not mean that couples who live together without getting married do not have any rights or responsibilities. In this article, we will explore the concept of common law marriage, its history, and the rights and responsibilities of couples who live together in Oregon.

What is Common Law Marriage?

Common law marriage is a type of marriage that is recognized in some states, where a couple is considered married without having obtained a marriage license or gone through a formal ceremony. The couple must have lived together for a certain period, and must have held themselves out as husband and wife. In the past, common law marriage was recognized in many states, but today it is only recognized in a few states, including Colorado, Iowa, Kansas, Montana, New Hampshire, Oklahoma, Rhode Island, South Carolina, Texas, and Utah.

History of Common Law Marriage

The concept of common law marriage dates back to medieval England, where it was recognized as a valid form of marriage. In the United States, common law marriage was recognized in many states during the 19th and early 20th centuries. However, over time, many states began to abolish common law marriage, and today it is only recognized in a few states.

Rights and Responsibilities of Couples Who Live Together in Oregon

Although Oregon does not recognize common law marriage, couples who live together in the state still have certain rights and responsibilities. These rights and responsibilities are governed by Oregon state law, and may include:

• Property Rights

In Oregon, couples who live together have certain property rights. For example, if a couple buys a home together, they are considered joint owners of the property, and each partner has an equal share in the property.

• Custody and Child Support

If a couple has children together, they have certain rights and responsibilities regarding custody and child support. In Oregon, the court considers the best interests of the child when determining custody and child support.

• Health Insurance and Benefits

In Oregon, couples who live together may be eligible for health insurance and other benefits through their employer. For example, if one partner has health insurance through their employer, the other partner may be eligible to join the plan.

• Taxes and Finances

Couples who live together in Oregon have certain tax and financial responsibilities. For example, they may be required to file joint tax returns, and may be responsible for each other's debts.

Establishing a Domestic Partnership in Oregon

Although Oregon does not recognize common law marriage, couples who live together may establish a domestic partnership. A domestic partnership is a legal relationship between two people who live together and share a common life. In Oregon, domestic partners have many of the same rights and responsibilities as married couples, including:

• Property Rights

Domestic partners in Oregon have the same property rights as married couples. They are considered joint owners of property, and each partner has an equal share in the property.

• Custody and Child Support

Domestic partners in Oregon have the same rights and responsibilities regarding custody and child support as married couples.

• Health Insurance and Benefits

Domestic partners in Oregon may be eligible for health insurance and other benefits through their employer.

• Taxes and Finances

Domestic partners in Oregon have the same tax and financial responsibilities as married couples.

Conclusion

In conclusion, although Oregon does not recognize common law marriage, couples who live together in the state still have certain rights and responsibilities. Couples who live together may establish a domestic partnership, which provides many of the same rights and responsibilities as marriage. It is essential for couples who live together in Oregon to understand their rights and responsibilities, and to take steps to protect their interests.