Although Tel-Law information is periodically reviewed, it is important for you to realize that changes may occur in this area of law. This information is not intended to be legal advice regarding your particular problem, and it is not intended to replace the work of an attorney.
If you do not have an attorney, the Oregon State Bar Lawyer Referral Service can help you. Online Lawyer Referral Service information and a fill-in form is available. Or you may contact the service by phone: The number to call from the Portland area is 503-684-3763 or toll-free from anywhere else in Oregon, 1-800-452-7636.
The following information regarding living together without being married is brought to you as a public service by the lawyers of the State of Oregon. The material presented is intended to alert you to possible legal problems and solutions.
This topic will briefly discuss family law and inheritance issues, housing discrimination, and the Portland, Multnomah County, and Ashland domestic partnership registration ordinances. Many legal protections exist that prohibit discrimination against unmarried couples, but unmarried couples can encounter great difficulties if one partner dies or becomes ill, or the relationship comes to an end.
What are my rights and responsibilities in an unmarried relationship?
If you live with your partner without being married, you must take certain legal steps if you want to make sure that you and your partner have rights and obligations similar to those that married couples have. A partnership contract can be used to establish the rights and duties of each person in the relationship. A will can be used to provide for the distribution of property at death so that property does not automatically pass to legal family members. Partners may purchase homes with a right of survivorship. Partners can own cars, furniture, bank accounts and investments in both names. A person can appoint a partner as a health care representative by filling out a form. The court can establish parental rights for children, even if only one member of the couple is the legal parent. You can protect yourself and your partner by proper attention to the legal aspects of your relationship.
Even if you do not have a written partnership contract, the court may be able to divide property and may be able to establish custody, visitation, or support for children when a couple separates. If you have been in an unmarried relationship that is coming to an end, you should ask a lawyer about your options
What is the effect of registration of a domestic partnership with the county or the city?
The City of Portland, Multnomah County, and the City of Ashland presently have domestic partnership registration ordinances, and other local communities may soon enact such laws. There is no direct legal consequence of registration under these ordinances. In particular, registering your partnership under a local ordinance is not the same as being married. Registration merely provides evidence that your domestic partnership exists.
Registering your domestic partnership may make it easier for you to receive domestic partner benefits where those benefits are available from your employer. The Oregon Gay and Lesbian Law Association (OGALLA) has information about how to create legal protections for domestic partnerships. This information is available when you register your partnership in Multnomah County or can be obtained from OGALLA at PO Box 876, Portland, OR 97207
What legal protections are available against employment discrimination based on marital status?
Your employer may not treat you differently from other employees based upon your status as a married or unmarried person. That does not necessarily mean that your employer's actions are illegal if they are based on your choice to live with a same-sex or opposite-sex partner without being married.
If you are living in a same-sex relationship, current interpretation of state law holds that you may not marry. If you are a state, municipal or other local public employee, however, your employer may not discriminate against you because of sexual orientation or because you are not married to your same-sex partner. Federal law does not provide such protections to federal employees.
In addition, case law and some local ordinances establish that private employers may not discriminate based on sexual orientation. Again, that would include discrimination based on the fact that you are not married to your same-sex partner. If you believe that you have been discriminated against by a private employer, you may have a legal claim against that employer.
State non-discrimination law is enforced by the Bureau of Labor and Industries. The civil rights division of the Bureau of Labor and Industries can be reached at 503-673-0761
What about other types of discrimination?
State law prohibits discrimination based on marital status in housing and places of public accommodation, such as hotels, restaurants, and other businesses. Landlords and businesses may not refuse to serve you because you are unmarried. Questions about housing discrimination may be directed to the Fair Housing Council of Oregon at 503-223-8197, in Portland, and at 800-424-3247, outside Portland.
This information is from the Oregon State Bar's Tel-law service, a collection of recorded legal information messages prepared by the lawyers of Oregon. In addition to being online, the Tel-law service is accessible by telephone at 503-620-3000 or toll-free in Oregon only, 1-800-452-4776. A touch tone phone allows direct access 24 hours a day, 7 days a week. To receive a free Tel-law brochure listing the subjects available call 503-620-0222, ext. 0.