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Oklahoma
State Senate
Communications Division
State Capitol
Oklahoma City, Oklahoma 73105
For Immediate Release: February 16, 2010
Sen. Earl Garrison
Senate Judiciary Committee Approves Bill Ending Common Law
Marriage
The Senate Judiciary Committee has approved a bill
that would end state recognition of common law marriage in Oklahoma.
The measure is Senate Bill 1977 by Sen. Earl
Garrison, a Democrat from Muskogee. Garrison said only 10 states
still recognize common law marriages.
“I believe there are two issues at stake. I believe by ending
the practice of common law marriage in Oklahoma, and requiring a
couple to get a license and exchange vows we will actually strengthen
the institution of marriage,” Garrison said. “I also
believe this gives greater protection to the individuals and families
involved when it comes to property and other assets.”
In common law marriages, a couple does not get a marriage license
or participate in a civil or religious marriage ceremony, but lives
together and represents themselves as a married couple, and may
file taxes jointly or share bank accounts and other assets. If SB
1977 became law, common law marriages would no longer be recognized
after November, 2010. Common law marriages entered into before that
date would still be recognized or “grandfathered” by
the state.
“My interest in this issue came as the result of an incident
involving a family in my district. Their son died in a tragic accident,
and a young woman he had been living with later claimed they’d
been in a common law marriage, though the family said the son had
never represented the relationship as a marriage,” Garrison
said. “In the end, she got all his property and his life insurance,
but did not use one dime of his money to help pay for a headstone
for the young man’s grave. I’m sure there are other
examples of this kind of
abuse, which is why Oklahoma should close the books on common law
marriage.”
SB 1977 now moves to the full Senate for further consideration.
For more information contact:
Sen. Garrison: 405-521-5533
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