Common Law Marriage in Oregon: What Unmarried Couples Should Know

If you and your partner have been living together for a while, you might wonder if you have a common law marriage. 

This article will explain what common law marriage is and the Oregon laws that apply to couples who have lived together for a long time.  

Marriage laws vary from state to state. The information here is just for couples in Oregon. If you live elsewhere, check your own state’s laws.  

What is common law marriage?     

A common law marriage is a legal marriage that a couple can form without getting a marriage license or going through a wedding ceremony. 

Only a few states in the U.S. allow common law marriages. In those places, couples must meet certain requirements. The rules are different in each state, but they usually include:  

• An agreement to be married.    
• Living together.     
• Acting like a married couple.    
• Having legal capacity to get married (at least 18 and not married to someone else).    

Common law marriage laws in Oregon   

Oregon does not have common law marriage. Living with your partner for many years in Oregon does not make you legally married.  

However, if you were common law married in another state, Oregon will recognize your marriage if you move to Oregon.

Alternatives to common law marriage in Oregon

Although Oregon doesn't recognize common-law marriage, it does recognize domestic partnerships. A domestic partnership is a legal relationship that an unmarried couple can form, either by signing paperwork or by how they act in their relationship.

The main difference between common law marriage and domestic partnerships is that you aren't legally married if you're in a domestic partnership. This matters for things like filing taxes or inheritance issues.

Oregon has two kinds of domestic partnerships:

1. Registered domestic partnership.  
2. Unregistered domestic partnership.  

The next sections explain these types of partnerships in more detail.

Registered domestic partnerships  

Oregon created registered domestic partnerships before same-sex marriage was legal. The intent was to give same-sex couples the same rights as married couples under Oregon law. 

If you are in a registered domestic partnership:  

• You are treated like a married person for purposes of Oregon laws and programs. This means you and your partner can file joint state tax returns, you can inherit from your partner, and, if your relationship ends, you can go through the divorce process to divide up your property and debts.  
• You are not considered married for the purposes of most federal laws and programs. This means cannot file joint federal tax returns or collect Social Security survivor benefits if your partner dies. 

Unregistered domestic partnerships  

Unregistered domestic partnerships are more common today than registered ones, but they are not as well known. You might be in an unregistered domestic partnership if you and your partner have done most of these things: 

• Raised kids together.    
• Provided financial support to each other.    
• Combined bank accounts.    
• Shared income and expenses.    
• Taken out debts together.    
• Purchased a home, cars, or other property together.    
• Started a business together.    

Being in an unregistered domestic partnership really only matters if you break up. If you and your partner can’t agree on how to divide your things, you can ask an Oregon court for help. 

Learn more about unregistered domestic partnerships here.  

Further reading  

• Oregon Law Help: Browse other family law topics here or read our article on unregistered domestic partnerships here. 
• Family Law in Oregon BarBook: These online publications are written for Oregon lawyers by Oregon lawyers. Chapter 17 of the family law book focuses on the rights of unmarried couples. If you’re an Oregon licensee, you can access BarBooks through your member login. If you’re not a licensee, you can access BarBooks through a law library.   
• Oregon Family Fairness Act (Oregon Revised Statutes 106.300 to 106.340): These laws created registered domestic partnerships in Oregon and explain the rights someone has when they are in this type of relationship.  
• Case Law: Unregistered domestic partnership laws are found in decisions from Oregon’s appeals courts (called case law). The key case is Beal v. Beal, 282 Or 115, 577 P2d 507 (1978) which first recognized unregistered domestic partnerships.  

Where to get help    

If you have more questions about common law marriage or domestic partnerships in Oregon, you can contact: 

• Family law facilitators: They work for the court and offer free help with forms and legal information. Learn more about facilitators.    
• Lawyers: A lawyer can give you advice and recommend the next steps. You can call Oregon’s Lawyer Referral Service to get help finding one. If you are worried about cost, check our Legal Directory to see free and low-cost options.    
• Domestic violence services: If you feel unsafe, you can contact Call to Safety, Oregon’s domestic violence hotline, or a local domestic violence organization  to get connected to support.