Does Washington State Have Common-Law Marriage?

• Common-law marriage means that living with a partner for a certain number of years automatically creates a de facto marriage.
• Washington does not recognize common-law marriage, but the state recognizes it from other states. 
• Washington does use the idea of Committed Intimate Relationships (Formerly Meretricious Relationships).
• CIRs do not occur automatically; the court must rule on whether a relationship qualifies. 
• If it does, the rest of the process often mimics what you see in divorce proceedings.
• If you’re unmarried and have children, as long as paternity is established, custody and child support rules are the same as if you were married.

The term “common-law marriage” gets thrown around in long-term relationships where a couple isn’t technically married. But many people don’t fully grasp what that means.

What Is Common-Law Marriage?

Common-law marriage is a term many people are vaguely familiar with. We generally understand it to mean that living with a partner for a certain number of years without tying the knot creates a de facto marriage. It’s essentially marriage by default.

While that’s what it means in a broad sense, how it works varies from state to state. And it’s usually much more complex than two people simply living together for a long time.

With some variance, to have a common-law marriage, you must both be able to marry, live together, have the intent, and essentially live life as a married couple.

You share joint bank accounts and assets, refer to each other as “husband” and “wife,” and things like that.

Does Washington Practice Common-Law?

There are many misconceptions about common-law marriage. Fortunately for Washington residents, state law makes it easy to grasp.

Though the state recognizes common-law marriages from other states—in reality, only a few still embrace the custom—Washington itself does not allow the practice.

However, just because Washington doesn’t have common-law marriage doesn’t mean you have no rights in cases of long-term relationships. We see this situation come up more and more frequently.

Couples cohabitate before marriage at a higher rate than ever before. Many commingle their finances and other facets of their lives, much like a marriage. It’s not even uncommon for couples to have and raise children without ever marrying.

Related Reading: Can I Annul My Marriage in Washington?

What Are Committed Intimate Relationships?

Though Washington doesn’t allow common-law marriage, it does use the idea of Committed Intimate Relationships to impart legal rights for long-term relationships. Like common-law marriage, this pertains to relationships where couples live together in a way that approximates a marital union.

These were formerly known as “meretricious relationships,” though the legal terminology has changed.

There are no set criteria for commited intimate relationships. However, like common-law marriage, similar factors go into determining what does or doesn’t qualify.

When a couple lives together for years, pools resources, financial or otherwise, and generally enjoys the benefits of a marital relationship—companionship, support, and the rest—this often constitutes a committed intimate relationship.

After examining the situation, the court can ultimately rule on whether a relationship meets its criteria.

This designation helps courts deal with legal and financial issues when one ends and distinguishes them from run-of-the-mill, temporary romantic relationships. In fact, in these situations, the process often mimics what you see in divorce proceedings.

Related Reading: How the Division of Property Works in Washington

Division of Property

Because Washington doesn’t allow common-law marriage, the division of property often gets tricky for longer romances.

In these cases, the courts only divide assets and debts in instances of committed intimate relationships. This is something you have to determine first, but once legally established, the courts split property similarly to how it would in a divorce, though with some differences.

Washington is a community property state, which means it treats all property acquired during a marriage as equally owned by both parties. As we’re not talking about marriage, the situation is somewhat different. However, courts do use similar reasoning for dividing the property.

Courts employ a fair and equitable standard when making this decision. They consider factors such as the length of the relationship, each party’s financial standing, and more. As with marriage, this also applies only to property acquired during the relationship.

If you owned something before, it stays yours. The same goes for anything acquired as a gift or as an inheritance. That remains with whoever received it. More on that in a moment.

Related Reading: How Does Washington Handle Debt In Divorce?

Child Custody

Parental rights and obligations don’t hinge on a marriage. Your status as a parent matters, not the status of your relationship. Biological and adoptive parents have the same parental rights, regardless of whether the couple is married.

After the end of a committed intimate relationship, you can pursue custody and visitation. If you have the majority of the time in the parenting plan, you also have the right to child support. And you have the right to be part of your child’s life unless circumstances dictate otherwise.

All of the things that usually factor into a child custody battle in cases of divorce still pertain to unmarried couples.

Related Reading: What To Expect From A Child Custody Hearing

Inheritance

Unmarried partners don’t inherit property when one party dies, the same way married couples do. It isn’t automatic.

If you have a will, that’s one thing. However, even without a will, you have options. If your partner passes away and you can show you were in a committed intimate relationship, you may be due inheritance and other benefits.

Still, even then, without a will or marriage, your rights remain limited in certain regards.

For instance, you aren’t eligible to collect Social Security based on your partner’s work record. Without a will or other documentation, you may not have the legal right to participate in your partner’s health care decisions, have input in the burial, and be a part of related situations.

In most cases, this falls to family members, who can exclude you if they choose.

You can have attorneys draft legal documents ensuring these things, but without them, you don’t automatically become entitled.