No, Oregon does not allow new common law marriages to be formed within the state. Couples cannot become legally married in Oregon simply by living together, regardless of how long the relationship lasts or how committed it may be.
That said, Oregon does recognize common law marriages that were validly created in another state that permits them. This distinction is critical and often misunderstood, especially by couples who move to Oregon after years together elsewhere.
How Marriage Is Defined in Oregon
In Oregon, marriage is a formal legal status, not something that develops over time through cohabitation or shared life.
To be legally married in Oregon, a couple must:
- Obtain a valid marriage license
- Meet eligibility requirements under state law
- Have the marriage solemnized by an authorized officiant
If these steps are not followed, Oregon law treats the couple as unmarried, no matter how they live or how others view their relationship.
Oregon abolished common law marriage long ago to avoid uncertainty and disputes over marital status.
How Oregon Approaches the Idea of Common Law Marriage
Common law marriage is based on the idea that a couple’s intent, conduct, and public behavior can create a marriage without formal state approval. Some states still allow this approach.
Oregon does not.
From Oregon’s perspective, marriage should never be something courts have to piece together after a breakup or death. The law requires a clear legal starting point, established by compliance with marriage statutes—not assumptions drawn from lifestyle or longevity.
Long-Term Relationships Do Not Create Marriage Rights
Oregon law draws a clear line between:
- Committed relationships, and
- Legal marriages
A couple can:
- Live together for decades
- Own property jointly
- Share finances
- Raise children
- Be socially recognized as spouses
And still have no marital rights under Oregon law unless they legally married.
Commitment may be real, but marriage is a legal designation.
What Happens When Unmarried Couples Separate?
Because common law marriage does not exist in Oregon, separation between unmarried partners is not treated as a divorce.
Property Division
Oregon’s marital property laws apply only to married spouses. For unmarried couples:
- Property belongs to whoever owns it or paid for it
- Joint property is divided according to ownership interests
- Courts do not presume an equal split
This can be especially difficult when one partner relied on informal agreements or indirect contributions.
No Spousal Support
Spousal support is available only after a legal marriage. Unmarried partners generally have no right to ongoing financial support after separation.
Children Are Separate From Marriage
Child custody and child support are handled independently of marital status. Parental obligations exist regardless of whether the parents were married.
Death and Inheritance: Where Assumptions Are Most Dangerous
If one partner dies without a will:
- The surviving unmarried partner does not automatically inherit
- Assets pass to legal heirs under Oregon law
Length of cohabitation does not matter. Without marriage or proper estate planning, a surviving partner may be left with no legal claim.
Recognition of Out-of-State Common Law Marriages
Oregon will recognize a common law marriage if:
- It was validly formed in another state that permits common law marriage, and
- It met that state’s legal requirements at the time
For example, a couple legally married under common law in Montana or Kansas may still be treated as married after moving to Oregon.
Oregon itself does not create or extend common law marriages.
Common Misunderstandings in Oregon
Many legal conflicts arise from assumptions such as:
- “We’ve lived together long enough”
- “Everyone knows we’re married”
- “Marriage is just a formality”
In Oregon, that formality is exactly what creates marriage.
Legal Planning for Unmarried Couples in Oregon
Since common law marriage is not an option, planning becomes essential.
Cohabitation Agreements
These agreements can define:
- Property ownership
- Financial responsibilities
- What happens if the relationship ends
Oregon courts often enforce clear, voluntary agreements.
Estate Planning
Unmarried couples should strongly consider:
- Wills
- Beneficiary designations
- Powers of attorney and health care directives
Without these, a surviving partner may have no legal authority or protection.
Why Oregon Follows This Model
Oregon prioritizes clarity and predictability in family law. Clear marriage rules:
- Reduce litigation
- Prevent inheritance disputes
- Avoid forcing courts to interpret personal relationships
The approach may feel rigid, but it is designed to prevent costly confusion later.
Final Takeaway
Oregon does not allow common law marriages to begin within the state, no matter how long or committed a relationship may be. Marriage in Oregon exists only when the legal requirements are intentionally followed.
While Oregon will respect a valid common law marriage formed elsewhere, couples who live together in Oregon without marrying remain legally unmarried. For those in long-term relationships, the safest path is not assumption—but deliberate legal planning to protect property, finances, and future interests.
