Common Law Marriage - Oklahoma

Oklahoma recognizes common law marriage under long-standing caselaw requirements. One recent case from Oklahoma has restated the requirements for a common law marriage in Oklahoma. Those requirements are set forth below.

However, if you are living together, at a minimum you must have a cohabitation agreement, which you could draft yourself with easy-to-use software like that offered by Standard Legal .

Oklahoma Law

Oklahoma case law holds that a common law marriage will be recognized in accordance with established Oklahoma case law that, absent a marital impediment suffered by one of the parties to the creation of the common-law marriage. The Oklahoma common-law marriage requirements are: a declaration by the parties of an intent to marry, cohabitation, and a holding out of themselves to the community of being husband and wife. (Brooks v. Sanders, 190 P.3d 357 (Ok. App. 2008)). Although the Oklahoma Legislature attempt to ban common law marriage in 1998, that bill died in the legislature.

For the long term, couples living together should consider a Living Will, Living Trust or simple Will. You don’t have to hire an attorney if you’re the average American. There are attorney-supervised services, such as Legal Zoom, who will prepare these more complex documents for you, and you can save up to 85% from regular attorney’s fees.

Common law marriage is still recognized in the following states and Washington D.C.:

(Click on any link to see the common law requirements for that state.)