Common Law Marriage in Oregon

State-specific overview · Family Law

Quick summary

Oregon does not recognize common law marriage, even if the couple cohabited and intended to marry.

How Oregon treats Common Law Marriage

Oregon abolished common law marriage and requires all marriages to be formalized through a license and ceremony. Couples who lived together before the abolition date may have had valid common law marriages recognized under prior law, but no new common law marriages can be created in Oregon. This applies regardless of how long the couple cohabited or how publicly they represented themselves as married. Couples seeking legal marriage status must obtain a marriage license and comply with state formalization requirements.

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The general definition of Common Law Marriage

A marriage created by mutual agreement and cohabitation, without a formal ceremony or license.

Common law marriage is a legal marriage that exists without a wedding ceremony or marriage license, based simply on a couple's agreement to be married and their living together as spouses. Not all states recognize it, but those that do treat common law marriages the same as formal ones for purposes of property division, inheritance, and divorce. The couple must meet specific requirements, like living together for a certain period and presenting themselves publicly as married.

Read the full Common Law Marriage entry →

This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Oregon.