You are viewing a free summary from Descrybe.ai. For citation checking, legal issue analysis, and other advanced tools, explore our Legal Research Toolkit — not free, but close.

Matter of Marriage of Wharton

Citations: 639 P.2d 652; 55 Or. App. 564; 1982 Ore. App. LEXIS 2252Docket: 79-11-7711, CA A20285

Court: Court of Appeals of Oregon; January 25, 1982; Oregon; State Appellate Court

Narrative Opinion Summary

The Oregon Court of Appeals reviewed the validity of a common-law marriage claim between a couple who were previously married and divorced. After their divorce in 1967, the couple reconciled and lived together for twelve years, raising children and sharing a life. In 1979, following a dispute, they discovered their divorce was final, prompting the woman to claim a common-law marriage based on their numerous visits to Idaho, a state recognizing such unions. Under Idaho law, a common-law marriage requires mutual consent and the assumption of marital rights and obligations, which the woman argued were demonstrated through their ties to Idaho. However, the appellate court, referencing precedents where temporary visits did not establish such a marriage, found the couple's visits insufficient to meet these criteria. Consequently, the court reversed the trial court's decision affirming a common-law marriage and ruled that the property division made under dissolution statutes was invalid due to lack of jurisdiction, though property division could still be pursued under general equity principles. The ruling underscored the necessity of established residency or significant connection to Idaho for validating a common-law marriage claim.

Legal Issues Addressed

Common-Law Marriage Requirements under Idaho Law

Application: The court evaluated whether the couple's relationship met Idaho's requirements for a common-law marriage, including mutual consent and assumption of marital rights, duties, or obligations.

Reasoning: Idaho law requires both consent and the mutual assumption of marital rights, duties, or obligations for a common-law marriage to be valid.

Jurisdiction in Property Division Post-Dissolution

Application: The appellate court found that, without a valid marriage, the trial court lacked jurisdiction to divide property under dissolution statutes.

Reasoning: Consequently, since they were not legally married, the trial court's property division was overturned, as it lacked jurisdiction under dissolution statutes.

Temporary Residency and Common-Law Marriage

Application: The court determined that the couple's frequent but temporary visits to Idaho did not satisfy the residency requirements for establishing a common-law marriage.

Reasoning: The court concluded that Mary and her partner's numerous visits to Idaho were merely temporary and did not establish a common-law marriage under Idaho law.