Many people wonder about the legal standing of long-term relationships that resemble marriage but lack a formal license. This concept often brings up the idea of common law marriage, but how states handle these relationships varies. This article explores how Washington’s legal system addresses the rights and property of unmarried couples and clarifies the state’s specific approach.
Washington’s Stance on Common Law Marriage
Washington state does not permit couples to form a common law marriage within its borders. Regardless of how long a couple lives together or presents themselves as married, they cannot gain legal marital status through cohabitation alone. The law in Washington is clear: a valid marriage requires a marriage license and a solemnization ceremony.
Simply living with a partner for many years, sharing a last name, or having children together does not create a marriage under Washington law. To be legally married in Washington, a couple must follow the formal requirements set by state statutes.
Recognition of Out-of-State Common Law Marriages
While you cannot create a common law marriage in Washington, the state recognizes such marriages if they were validly established in another state that permits them. This is based on a legal principle of respect between states. If a couple met all the legal criteria for a common law marriage in a state like Colorado or Texas, Washington courts will treat that marriage as valid.
The key condition is that the marriage must have been legally formed according to the laws of the originating state, which often include intending to be married and holding themselves out to the public as a married couple.
Committed Intimate Relationships in Washington
Washington provides a unique legal framework for certain long-term, unmarried couples through the doctrine of a “Committed Intimate Relationship” (CIR). This legal concept, formerly known as a “meretricious relationship,” is how courts address property disputes when these relationships end. A CIR is not a marriage; it does not grant the full spectrum of marital rights, such as spousal maintenance or certain tax benefits.
The primary function of the CIR doctrine is to allow for the fair and equitable division of property and debts acquired during the relationship to prevent one partner from being unjustly enriched at the other’s expense.
Establishing a Committed Intimate Relationship
A court must first determine if a CIR existed before it can divide property. Washington courts analyze several factors on a case-by-case basis, with no single factor being determinative. These considerations, established in cases like Connell v. Francisco, include:1Justia. Connell v. Francisco :: 1995 :: Washington Supreme Court Decisions
- The continuity of cohabitation, though temporary absences may not defeat this factor.
- The duration of the relationship, as longer relationships of at least two to three years are more likely to qualify.
- The purpose of the relationship, looking for evidence of companionship, love, and the creation of a family life.
- The pooling of resources and services for joint projects, demonstrated through joint bank accounts or purchasing property together.
- The intent of the parties, such as presenting themselves as a married couple to the public or naming each other in wills.
Legal Implications of a Committed Intimate Relationship
Once a court establishes that a CIR existed, its primary legal effect is the division of property and liabilities acquired during that period. The court will undertake a “just and equitable” distribution of these assets, similar to the division of community property in a divorce. This means property acquired through the effort of either partner during the relationship is presumed to be jointly owned, regardless of whose name is on the title.2WA.gov. RCW 26.16.030: Community Property Defined—Management and Control.
This division applies upon the end of the relationship, whether by separation or the death of a partner. If the relationship ends by separation, a partner must file a claim within three years.3WA.gov. RCW 4.16.080: Actions Limited to Three Years. If one partner dies, the surviving partner can make a claim against the deceased’s estate for their share of the “community-like” property, which can sometimes override a will.
Property owned by either partner before the CIR, or received as a gift or inheritance during it, remains separate property and is not subject to division.4WA.gov. RCW 26.16.010: Separate Property of Spouse.