Legal Question in Family Law in Oklahoma
common law marriage
My ''husband'' and I have been together for 12 years. Never married but are living together. We purchased a home, many cars, land and cattle while living together. We file income taxes as married. We have signed numerous contracts together. I, on occasion, use his last name to avoid confusion. If we decide to split up what are my rights? Can i legally ''divorce'' him? What am I entitled to?
1 Answer from Attorneys
Re: common law marriage
Oklahoma will consider you married, and you'll be required to file and proceed through a traditional divorce, just as if you had the formal license.
As such, you're entitled to an equitable share of the joint property. Generally, if you or he had property before the marriage, you keep that separate (but if it increased in value, you split the amount of increase). Anything you acquired during the marriage is joint property, except a gift designated to only one of you, or inheritance.
Your unique issues may include answering when did the "marriage" officially begin. He may try to claim you aren't married, but an attorney should help you get that issue quickly resolved. Lastly, note that an "equitable" division of property is not the same as an "equal" split; this is where arguments can arise, and you may end up with more or less than 50%.
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