does the state of Oklahoma recognize ‘common law marriage’?

UPDATED: Oct 1, 2022

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does the state of Oklahoma recognize ‘common law marriage’?

are there certain qualifications that must be met to be considered ‘common law married’ if the state of okla. does recognize ‘common law marriages’?

Asked on March 29, 2018 under Family Law, Oklahoma


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

OK is one of the few states that still acknowledges common law marriage. To determine whether a claim of common law marriage is valid, a court will consider several factors such as whether:

The parties have the "legal capacity" to be married (e. g. ar they of legal age;
There is a mutual agreement to be married;
The relationship was intended to be permanent;
The couple lives together as husband and wife; and/or
The couple represents themselves to the community as married.

Evidence could involve public representations as to permanent or mutual agreement (e..g introducing each other as husband and wife), having joint loans or bank accounts, shared mortgages or property title, filing joint tax returns, health insurance policies purchased as a married couple, etc.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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