Separation of Unmarried Couples in Oregon
Although unmarried couples (both opposite-sex and same-sex pairings) can use Oregon Circuit Courts to resolve disputes when their relationships terminate, the court does not apply the same standards to these cases that it does to cases involving married couples. For example, the court will not award spousal support to an unmarried couple. With respect to property division, the court will divide the property of an unmarried couple based on what it finds to be the intent of the parties rather than “equitably” as required with married couples. However, when it comes to child custody and support, the rules for unmarried and married couples are basically the same: the standard is best interest of the child or children.

Unmarried couples in Oregon often face unique legal challenges, especially concerning property rights, financial obligations, and child custody. Understanding these issues is crucial for protecting both partners’ interests.
Property and Debt Division For Unmarried Couples in Oregon
When unmarried partners in Oregon separate, the division of shared assets and debts isn’t governed by the same laws as those for married couples. Courts typically examine the couple’s intentions regarding property ownership. For instance, adding a partner’s name to a property deed may indicate an intent to share ownership. In the absence of clear agreements, courts strive for a fair distribution based on available evidence.
Establishing Paternity and Parental Rights For Unmarried Couples in Oregon
For unmarried parents, establishing paternity is essential to secure parental rights and responsibilities. In Oregon, once paternity is confirmed, both parents have equal rights concerning custody, parenting time, and child support, similar to those of married parents. The state offers assistance in establishing paternity, but consulting a private attorney can provide tailored guidance on custody and parenting plans.
Spousal Support is not Available in Oregon for Unmarried Couples
Unlike married couples, unmarried partners in Oregon are not entitled to spousal support (alimony) upon separation. This distinction underscores the importance of proactive financial planning and legal agreements for cohabiting partners.
A cohabitation agreement is a legal contract between unmarried partners that outlines each person’s rights and responsibilities. This agreement can address property division, financial obligations, and other pertinent matters, providing clarity and protection for both parties. Crafting a comprehensive cohabitation agreement can prevent disputes and ensure a fair resolution if the relationship ends.
Key Components of a Cohabitation Agreement
An effective cohabitation agreement should include:
- Property Ownership: Define how assets acquired during the relationship will be owned and divided.
- Financial Responsibilities: Specify each partner’s obligations regarding shared expenses, debts, and financial support.
- Dispute Resolution: Establish procedures for resolving disagreements, potentially through mediation or arbitration.
- Termination Terms: Outline the process for dividing assets and responsibilities if the relationship ends.
Consulting with a legal professional when drafting a cohabitation agreement ensures it complies with Oregon laws and effectively protects both partners’ interests.
Legal Recognition of Unmarried Partnerships in Oregon
Oregon does not recognize common-law marriages. However, the state acknowledges domestic partnerships, particularly for same-sex couples, offering some legal protections similar to marriage. Unmarried couples should be aware of these distinctions and consider formalizing their relationship through legal agreements to safeguard their rights.
When unmarried couples live together and later separate, the court may step in to decide how assets and debts should be divided. In the case of Beal v. Beal, 282 Or. 115, 577 (1978), the Oregon Supreme Court established that when addressing property disputes between unmarried partners, the court should consider the expressed or implied intentions of the individuals involved. The Court further noted that, even without a written agreement, if there is enough evidence of an implied or verbal agreement, it will distribute the property in alignment with the parties’ intended arrangements (Beal, at 122).
Call Romano Law – We Can Help
Unmarried couples in Oregon must proactively address legal matters related to property, finances, and children. Establishing clear agreements and understanding state laws can provide stability and protection for both partners. Seeking legal counsel is advisable to navigate these complexities effectively.
If you are unmarried and are having a dispute with your former partner as to real property, personal property, your your children, contact our office. We can assist unmarried parties in domestic relations disputes.