Does Oklahoma recognize common law marriage?

Answer 1

In Oklahoma the criteria for a common-law marriage are: (1) "an actual and mutual agreement between the spouses to be husband and wife;" (2) "a permanent relationship;" (3) "an exclusive relationship, proved by cohabitation as man and wife;" and (4) "the parties to the marriage must hold themselves out publicly as husband and wife." See Estate of Stinchcomb v. Stinchcomb, 674 P.2d 26, 28-29 (Okla. 1983).

Answer & ClarificationThe text above defines the old law on common law marriages in Oklahoma. In 2005 legislation was passed ending the recognition of common law marriage in Oklahoma. That means it is no longer possible to form a legal common law marriage. Oklahoma only recognizes common law marriages formed prior to November 1, 1998.

Answer 2

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