Am I Married...Legally???

[zghorner]

The facts...

Never said "i do". Lived with her for 4-5 years. We have 2 kids. She bought and owns the house, I bought and own the vehicles...nothing has both our names on it. We have filed taxes together for the past 2 or 3 years.

So you smart law people...if we were to split could she take half my guns???

 

[Coded-Dude]

Does she want to split property? Or is this just hypothetical? The link below discusses how Oklahoma still recognizes common law marriage, but that it can be difficult to prove without pretty clear evidence. IANAL, and you should probably contact one if a separation is immanent.

Oklahoma courts rely on a well-established test which includes the following elements:

both parties to the alleged common-law marriage must have the legal capacity to enter into the marriage (they must be of sufficient age and not married to anyone else)
there must be an actual and mutual agreement between the parties to enter into a permanent and exclusive marriage (this must be a current agreement; being engaged or agreeing to get married at some point in the future doesn’t count.)
there must be cohabitation as man and wife or consummation of the marriage, and
the parties must hold themselves out to the community as husband and wife.

The person seeking to show a common-law marriage must prove all of these elements by clear and convincing evidence. 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.

The general conduct of both parties during their relationship will provide most of the evidence necessary to establish a common-law marriage. Relevant evidence may include:

the fact that the couple has lived together for a period of time (cohabitation)
joint income tax returns
joint financial accounts or credit cards
jointly-held assets or debts (a home, car, mortgage, or other loans)
life insurance policies and retirement or pension plans that list the common-law spouse as a beneficiary
using the other common-law spouse’s last name
medical records which list the common-law spouse as next of kin
testimony from third parties regarding how the couple introduced each other in the community and at social gatherings
cards, presents or other evidence of celebrations marking the anniversary of the common-law marriage
notes or other writings that include language such as “husband” or “wife,” and
family photos showing the couple wearing wedding banks.

http://www.divorcenet.com/states/oklahoma/common_law_marriage_in_oklahoma

 

[mightymouse]

Coded-Dude seems to have it well covered. The short answer, if you two have filed JOINT tax returns "for the last 2 or 3 years", you are in fact married in the eyes of the Great State. Division of property is a question best addressed to a legal eagle.

 

[zghorner]

hypothetical...but it aint looking good. We don't have any joint accounts or bills. No husband and wife proof. Never an agreement to be married. Joint tax return and living together is about the only thing

Im just trying to get my ducks in a row just in case

thanks for the above...that was fast and exactly what I needed.

 

[mightymouse]

hypothetical...but it aint looking good. We don't have any joint accounts or bills. No husband and wife proof. Never an agreement to be married. Joint tax return and living together is about the only thing

Im just trying to get my ducks in a row just in case

thanks for the above...that was fast and exactly what I needed.

Joint tax returns will do it. Basically, in layman's terms, the state of Oklahoma leaves it up to a couple to declare, publicly, that they are a common-law married couple. Putting each of your names on a JOINT tax return is a public declaration of your "coupleness". Again, though, for the rules on division of property, you need to speak to a lawyer.

 

[zghorner]

Thanks guys. I joked about her taking my guns in the first post but the real issue is I can see her using the kids against me...as in wouldnt let me see them but the bare a$$ minimum. Just trying to look at what I can use to prevent that.

 

[Lurkerinthewoods]

I took my ex girlfriend to court and won custody of my daughter because she kept playing games. My brother took his ex fiancé to court and won full custody after years of having joint custody because she kept playing games.

Courts hate parents who use a child as leverage and me and my brother are proof you don't have to deal with it any longer.

You will need a good custody evaluator if it comes to that. We both used Daniel Stockley and he was great.

 

[zghorner]

I appreciate it man thank you. Like I said above...its all hypothetical but I know her well enough that if we split...she will be ruthless.

 

[mightymouse]

My advice--if you, or her, are anywhere near filing divorce papers--get the advice of a good lawyer. As a defacto common law married couple, you, as the father, have visitation rights that she cannot easily take away, but you need this written into a document that only a lawyer can properly prepare. Don't try to save some money by "working things out" between yourselves--this will only end up costing you much heartache and much money on down the line.

 

[SPDguns]

Yes....