Think of the phrase “common law marriage” and you might picture something out of a western movie. A couple, living together in a period trailer, butte then there might be some sort of registration process. Could it be that this legal concept is more relevant now than we are aware of, especially in states like Oklahoma? And how does this affect immature hemp plants, particularly for those with business interests tied to the new crop?
While legal issues surrounding hemp aren’t necessarily at the forefront of jokey conversations at the moment, it does not necessarily mean the topic can be ignored, especially when it comes to the process of growing, harvesting and selling this sometimes-lucrative crop. There is a lot that needs to be covered when it comes to hemp, and while a party contemplating growing hemp might be tempted to focus on aspects like land and soil quality, water access and potential sourcing of fertilizer, there’s another question that must be addressed.
And that question is: Is Oklahoma a common law marriage state? Well, the short answer to this is yes: as of late 2019, Oklahoma IS a common law state. And while that might seem like a less-than-relevant topic to the issue of hemp or not, it’s crucial to all aspects of the issue, including the question of who owns the land on which your hemp is planted, what happens to that land if you break up with your non-marital partner, or, if you break up with your non-marital partner but you’re not married, do you have business rights to his or her assets anyway?”A common law marriage means simply that the parties have agreed to and engaged in that relationship by virtue of the facts and circumstances surrounding the relationship itself.” (source: “An Overview of Common Law Marriage in Oklahoma: What You Should Know.”)
However, while it’s true that Oklahoma is a common law state, some of the details can be more challenging. Basically, a common law marriage means that a court could consider a couple who participates in a committed relationship to have the legal standing of a married couple, despite not having legally “walked down the aisle” and not having participated in some form of ceremony.
According to Oklahoma’s statutes, you must satisfy six requirements in order to prove a common law marriage exists in Oklahoma. These include the following legal parameters: To establish a common law marriage, there needs to be compelling evidence in support of the factual circumstances. Evidence includes written documentation, such as execution of joint documents that both partners have signed. Because this issue can be taken up with the local court system, it can be helpful to petition the court if you think that you’ve been in a common law marriage even if you didn’t mean to, because you might have rights to such property in the future.
Additionally, there may be other issues related to common law marriages that are worth noting, including:
When it comes to hemp farming – which is now a legally protected crop in Oklahoma, there are implications that all potential hemp farmers must consider. Specifically, they should consider the question of property ownership, contracts, contracts with related third parties, property rights, inheritances, and a range of other ideas that involve ownership of personal property.
Because the legal definition of what constitutes a marital property asset can vary from one jurisdiction to another, it’s crucial that any hemp farm owner or operator who fears they might be in a common law marriage to another participant – or might become one – to consult an attorney with expertise in property law and particularly in the area of common law marriage.
Related posts:
