Legal Question in Family Law in Oregon

Re: ending of a relationship common law marriage with children

What are the legal rights of the parties in a common law marriage in oregon when the parties have been living together as husband & wife but not with legal marriage certificate (just common law) for 15 years. Together they have four children and own a home and car, both in the male partners name. What are the rights to property and child support and custody.

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ANSWER:

Under Oregon law, a �common law marriage� cannot be established in this state. (Oregon will, however, recognize a common law established under the laws of some other state when the parties then move to Oregon.)

What you are describing is simply a situation involving two people who have chosen to live together for 15 without being married to one another. By doing so, they have by action and conduct indicated that they do not wish to be recognized and treated in the eyes of the law as being a married couple. Thus, the rules and regulations otherwise applicable to a married couple upon divorce have no application under Oregon law to two people who have lived together for a period of time (no matter how long) and now choose to go their separate ways.

(If they wanted to be treated in the eyes of the law as a married couple, they should have gotten married.)

Issues of CUSTODY AND VISITATION will be resolved pursuant to the same statutes that apply to all parents (regardless of marital status) who do not live together. The basic question is: What�s in the best interests of the children? Whether they were previously married, or never-married, is of no relevance to the �best interests� question.

CHILD SUPPORT will be determined pursuant to the Oregon Child Support Guidelines. Whether they were previously married, or never-married, is of no relevance to the determination of child support under the Guidelines.

PROPERTY DIVISION, should there be a dispute, will be resolved by looking to the intentions of the parties. For example, if the home and the car were acquired in the name of only the male partner, on its face this indicates an intention that the female partner not have any ownership interest therein. This would give rise to a rebuttable presumption, with the female partner then having the burden of showing that despite her name not being on the titles to the house and the car, it was nonetheless the intent of the parties that they both have an ownership interest therein.