Many Washington couples build lives together without formal marriage, which can lead to uncertainty about their rights if the relationship ends or a partner dies. A common misconception is that long-term cohabitation automatically provides marriage-like legal protections. Understanding Washington’s approach to these relationships is important for safeguarding your interests.
Current Legal Stance
Washington State does not permit the creation of new common-law marriages within its borders.1LegalClarity.org. Does Washington Recognize Common Law Marriage? Couples living together in Washington, regardless of duration, cannot form such a marriage under state law.
However, Washington courts may recognize common-law marriages that were validly formed in other states that do permit them. For instance, if a couple formed a valid common-law marriage in Texas and later moved to Washington, state courts would likely recognize it.
For an out-of-state common-law marriage to be recognized, it must meet the legal requirements of the state where it was formed. These requirements often include an agreement to be married, living together as spouses, and presenting themselves to others as a married couple. Washington courts will examine evidence to ensure these conditions were met in the originating state.
Cohabitation Agreements
Because new common-law marriages cannot be formed in Washington, unmarried cohabiting couples can face uncertainty about their rights and responsibilities. To address this, partners can create a cohabitation agreement. This is a written contract detailing how they will manage shared finances, property, and other aspects of their life together, during the relationship and upon separation or death.
A cohabitation agreement can specify:
- How household expenses will be shared
- How bank accounts will be managed
- How individual or joint debts will be treated
- Expectations for financial support if the relationship ends
These agreements help couples define their arrangements based on their own intentions. Washington courts generally recognize cohabitation agreements if they are entered into voluntarily, with full financial disclosure from both partners, and if the terms are not grossly unfair to one party.2Washington State Legislature. RCW 26.16.120: Agreements as to Status Seeking independent legal counsel for each partner before signing is advisable to ensure the agreement is fair and understood.
Property and Asset Division
When unmarried couples in Washington separate, the division of their property is handled differently than for married couples because community property laws do not automatically apply. Instead, Washington courts may use the committed intimate relationship (CIR) doctrine.3Justia Law. Connell v. Francisco, 127 Wn.2d 339 (1995) If a CIR is found to exist, courts can equitably distribute property that was acquired through the couple’s joint efforts during the relationship.
To determine if a CIR existed, courts consider several factors:
- Continuous cohabitation
- The duration of the relationship
- The purpose of the relationship
- The pooling of resources and services for joint projects
- The intent of the parties
No single factor determines the outcome; courts look at the overall nature of the relationship.
If a CIR is established, the court will identify and divide property that would have been considered community property if the couple had been married. This generally includes assets acquired through either partner’s efforts during the relationship. Property owned by one partner before the relationship, or received as a gift or inheritance during it, is typically considered separate property and not subject to division, unless it has been mixed with relationship assets to the point where it cannot be distinguished.5Washington State Legislature. RCW 26.16.010: Separate Property of Spouse
The process of characterizing property as separate or relationship-based can be complex, especially if funds have been commingled.
Parental Rights
For unmarried couples in Washington with children, establishing parental rights and responsibilities is focused on the child’s well-being. While a mother is automatically considered a legal parent to a child born outside of marriage, an unmarried father’s legal parentage must be established.6Washington State Legislature. RCW 26.26A.115: Presumption of Parentage This is a necessary step for a father to seek a parenting plan or for child support obligations to be formalized.
Parentage can be established in Washington in a few ways. One common method is by signing a Voluntary Acknowledgment of Parentage form, often done at the hospital.7Washington State Department of Health. Acknowledgment of Parentage Once filed with the state, this form has the same legal effect as a court order. Another way is by filing a Petition to Decide Parentage in court, which may involve genetic testing.
Once parentage is legally established, both parents generally have the same rights and responsibilities as married parents. This includes the ability to seek a court-ordered parenting plan and the obligation to provide financial support.
Washington law uses the term parenting plan for court orders that detail the child’s living schedule, how major decisions will be made, and how disputes will be resolved.8Washington State Legislature. RCW 26.09.184: Permanent Parenting Plan When creating these plans, courts prioritize the child’s best interests, considering factors like the child’s relationship with each parent and their ability to provide stability.9Washington State Legislature. RCW 26.09.187: Criteria for Establishing Permanent Parenting Plan
A formal, court-approved parenting plan provides legal enforceability and clarity, which is helpful if disagreements arise. Child support calculations are based on the Washington State Child Support Schedule, which takes into account both parents’ incomes and the child’s needs.10Washington State Legislature. Chapter 26.19 RCW: Child Support Schedule
Dissolution Process in Court
When separating unmarried couples in Washington cannot agree on how to divide their property and debts, court intervention may be necessary. This process is different from a divorce for married couples. It involves a civil lawsuit where one partner asks the court to recognize a committed intimate relationship (CIR) and to equitably divide the assets and liabilities acquired during that relationship.
The process generally begins when one partner files a petition in Superior Court. The other partner is then formally notified and has an opportunity to respond. An early step is for the court to determine if a CIR existed, based on the factors discussed earlier. If a CIR is confirmed, the court moves to divide the property.
This often involves a discovery phase, where both parties exchange financial information about their assets, debts, and income. Courts frequently encourage or require mediation, where a neutral third party helps the couple try to reach an agreement. If mediation is successful, the agreement can be approved by the court and become a binding order. If mediation fails, the case will proceed to trial, where a judge decides on property and debt division.
A notable difference from divorce is that under the CIR doctrine, courts divide property but do not award spousal maintenance (alimony) unless a cohabitation agreement specifically provides for it. The process ends with a final court judgment that settles all property claims.