Oklahoma case law sets forth a five-part test to establish a common law marriage: (1) An actual and mutual agreement between the spouses to be husband and wife; (2) A permanent relationship; (3) An exclusive relationship; (4) The parties to the marriage must hold themselves out publicly as husband and wife, and; (5) Cohabitation as man and wife.
The party asserting a common law marriage must prove all of these elements by clear and convincing evidence. This can be done with evidence such as joint income tax returns, joint financial accounts, jointly held assets, joint credit, medical records, insurance records, introductions and comments to third parties, hotel receipts, and any number of other sources. If clear and convincing evidence is missing as to any part of the above referenced test, the claim of a common law marriage will fail. Obviously, each common law marriage case is determined on its own facts.
Oklahoma Common Law Marriage Affidavit With Texas
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How to fill out Affidavit Of Common Law Marriage In Oklahoma?
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I solemnly swear (or affirm) that we, the undersigned, are married to each other by virtue of the following facts: on or about ____________________ we agreed to be married, and after that date we lived together as a married couple and in this state represented to others that we were married.
Oklahoma recognizes common law marriages, but only with proof An actual and mutual agreement between the spouses to be husband and wife. A permanent relationship. An exclusive relationship. Proved by cohabitation as man and wife. The parties to the marriage must hold themselves out publicly as husband and wife.
While it is not a requirement, couples can register their common law marriage by filing a declaration with the county clerk. For couples that choose not to declare their common law marriage, documents such as lease agreements, tax returns, and insurance policies may be requested in order to "prove" the marriage.
If you agree, you and your partner can sign a Declaration of Informal Marriage with the county clerk. Once signed, the declaration is valid proof of marriage and you are considered married for all legal purposes. The declaration form is available from the county clerk.
I certify the person listed as my spouse and I have an actual and mutual agreement between ourselves to be married, this is a permanent relationship, and our relationship is exclusive, as proven by our cohabitation as spouses. We do hereby hold ourselves out publicly as married.