Washington state does not recognize common-law marriages. This means that simply living together and presenting yourselves as married to others does not create a legally binding marital relationship. This can have significant implications for property division, inheritance, and other legal matters. This guide will clarify the misconceptions surrounding common-law marriage in Washington and explain the alternatives available to couples who wish to formalize their relationship.
What is Common-Law Marriage?
Common-law marriage, also known as informal marriage, is a legal concept in some states where a couple can be considered married without obtaining a marriage license or having a formal ceremony. However, the requirements to establish a common-law marriage vary significantly by state, and often involve demonstrating a clear intent to be married, cohabitation, and public representation as a married couple.
Does Washington State Recognize Common-Law Marriages?
No, Washington state does not recognize common-law marriages. Regardless of how long a couple has lived together, how they represent themselves to others, or their intent to be married, they are not legally considered married in Washington unless they have obtained a marriage license and had a legally recognized ceremony.
What if a Couple Believes They Are in a Common-Law Marriage in Washington?
If a couple believes they are in a common-law marriage in Washington, they are mistaken. Their relationship is not legally recognized as a marriage. This lack of legal recognition can have significant consequences concerning:
- Property rights: In the absence of a valid marriage, property acquired during the relationship will likely be divided according to ownership laws rather than equitable distribution laws applicable to divorces.
- Inheritance: Intestacy laws (laws governing inheritance when there is no will) will not automatically apply spousal inheritance rights. The surviving partner may not inherit from the deceased partner’s estate.
- Healthcare decisions: The surviving partner may lack the automatic legal authority to make healthcare decisions for an incapacitated partner.
- Taxes: Tax benefits associated with married couples, such as filing jointly, will not be available.
- Domestic Violence Protections: Access to domestic violence protection orders may be more limited.
What are the Alternatives to Common-Law Marriage in Washington?
If you and your partner wish to have the legal protections and benefits associated with marriage, you must obtain a marriage license and have a legally recognized ceremony in Washington state. This involves meeting the state's requirements for marriage licenses, which typically include:
- Age: Both parties must be at least 18 years old.
- Identity Verification: Both parties must provide valid identification.
- Blood Tests: Blood tests are no longer required in Washington state.
- Waiting Period: There is no mandatory waiting period.
- Officiant: The ceremony must be performed by an authorized officiant.
Alternatively, couples can enter into a domestic partnership, which offers some, but not all, of the rights and protections of marriage. A domestic partnership provides some legal recognition, but the specific rights and benefits vary depending on the jurisdiction and the nature of the agreement.
How Can I Legally Protect My Relationship in Washington?
To ensure your rights and protect your relationship in Washington, a legally binding marriage license and ceremony are the most comprehensive approach. Beyond marriage, couples should also consider:
- Cohabitation Agreements: These agreements can help define property rights and other financial arrangements between unmarried couples.
- Wills and Trusts: Having a will specifies how your assets will be distributed upon your death. A trust can further control asset distribution and protect them from creditors.
- Power of Attorney: Designating a power of attorney allows a chosen person to make legal and financial decisions on your behalf if you become incapacitated.
- Healthcare Directives: These documents outline your wishes concerning medical treatment if you are unable to make decisions yourself.
This information is for general guidance only and does not constitute legal advice. It's crucial to consult with a qualified Washington state attorney to discuss your specific situation and legal options.
