Oklahoma Bankruptcy HelpCommon Law Marriage and Bankruptcy in Tulsa

Not all states recognize common law marriage. Oklahoma is one of a handful of states that does, however. That may have implications for a couple who have not been married formally, but believe that they have a relationship that rises to the level of a common-law marriage. Common law marriage and bankruptcy in Tulsa can be an issue, but if you can prove the common law marriage, most of the time, a bankruptcy Trustee will allow the couple to file together. The rule of thumb is that if common law marriage is recognized in the state, it will be accepted if you are filing for bankruptcy within the federal district court associated with that state. However, you must be prepared to prove the existence of the common law marriage.

Elements of Proof Needed

People often begin their relationship casually, often drifting into a longer-term relationship over time. Sometimes, that longer-term relationship includes buying a home or other property, opening joint bank accounts, making investments together, having children, and celebrating anniversaries together.

Courts, including bankruptcy courts, will look to a number of factors to determine if a common law marriage exists; primarily, these factors will evidence the intent and agreement of the parties.  Courts will look to see if the parties intended to hold themselves out as a married couple. This does not mean that the parties held themselves out as married by virtue of a marriage ceremony. Rather, it means determining whether the couple presented themselves to their community as acting as a married couple.

Financial records, jointly held property, tax records, terms of endearment used between the parties, cards, and witness affidavits attesting to the nature of the relationship all go to prove intent. Another clear example is an affidavit submitted by one partner to their employer attesting to the marriage in order to obtain employer-covered medical insurance for the other partner.

The party or parties wanting to prove the marriage must prove its existence by clear and convincing evidence. This is a high level of proof and will require substantial evidence to meet the burden of proof imposed.

This will likely require a separate hearing by the bankruptcy court. If you are in the position of needing to prove a common law marriage in order to file for bankruptcy together with your spouse, you will want to get the help of an experienced Tulsa bankruptcy attorney as soon as possible.

Free Consultation with a Tulsa Bankruptcy Attorney

Financial Freedom Bankruptcy Lawyers of Tulsa offer free consultations with Tulsa bankruptcy lawyers to help debt-burdened Oklahomans discover the best approach to their financial crisis.  Call us at (918) 786-9600 to start your free consultation today. You may also contact us using the contact form button on this page to ask a professional Tulsa bankruptcy attorney your personal questions.

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