• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Common Law Rights after spouse dies

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

amyjohnny1302

Junior Member
What is the name of your state? Oklahoma

What are my rights in Oklahoma if my common law spouse dies while we are living together?.

Thanks.....
 


nextwife

Senior Member
This what I find re: Common Law marriage in OK. I norder to know what your rights are, you need to determine IF your relationship meets the OK criteria for a common law marriage. When did you two START living together?


Common Law Marriage in Oklahoma
Controversy Continues

http://marriage.about.com/od/commonlaw/qt/oklacommon.htm

* common law marriage
* getting married in oklahoma

When HB1455 did not receive a committee hearing in the Oklahoma Senate in 2005, the bill banning common law marriage in Oklahoma died and the controversy over the validity of common law marriages in Oklahoma continued.

Five Required Elements of a Common Law Marriage in Oklahoma

1. The couple had to agree to be husband and wife.

2. The couple has a permanent relationship.

3. The couple has an exclusive relationship.

4. The couple lives together as husband and wife.

5. The couple publicly considers themselves to be husband and wife.

What is the Controversy Over Common Law Marriage in Oklahoma?
Common law marriages formed in Oklahoma before 11/1/98 are recognized. The conflict between state laws and court decisions is over the validity of common law marriages formed after 11/1/98.

Title 43, O.S., Sec. 1 and Sec. 7 state that in order to be married in Oklahoma, you have to have a license, have your marriage performed by a ceremony, and the ceremony must be solemnized in the presence of witnesses and a person authorized to perform the ceremony.

Title 43, Section 1. Marriage is a personal relation arising out of a civil contract to which the consent of parties legally competent of contracting and of entering into it is necessary, and the marriage relation shall only be entered into, maintained or abrogated as provided by law.

Title 43, Section 7-A. All marriages must be contracted by a formal ceremony performed or solemnized in the presence of at least two adult, competent persons as witnesses, by a judge or retired judge of any court in this state, or an ordained or authorized preacher or minister of the Gospel, priest or other ecclesiastical dignitary of any denomination who has been duly ordained or authorized by the church to which he or she belongs to preach the Gospel, or a rabbi and who is at least eighteen (18) years of age.
Source: Oklahoma Legislature

The controversy exists because in apparent opposition to state law, Oklahoma courts have upheld by case law common law marriage in Oklahoma.

Bottom Line on Common Law Marriage in Oklahoma
The consensus appears to be that common law marriages are still valid in Oklahoma.

However, with the uncertainty about the validity of common law marriages in Oklahoma, ceremonial marriage is recommended.
 

fairisfair

Senior Member
What is the name of your state? Oklahoma

What are my rights in Oklahoma if my common law spouse dies while we are living together?.

Thanks.....
You need to petition the court for an order decreeing the existence of a common law marriage.

You will need to provide evidence that the conditions in nubmers 1-5 in Nextwife's posting were met during your relationship.

Until you have said order, you have no rights.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top