Many couples in Washington live together for years, share finances, buy property, and raise children—without ever getting married. That often leads to a common question:
Does Washington State recognize common law marriage?
The short answer is no—but Washington has a unique legal concept that often feels like one. This guide explains how “common law marriage” works in Washington, what the law actually recognizes, and how unmarried couples can protect their rights—in clear, easy-to-understand language.
What Is Common Law Marriage?
A common law marriage is a marriage created without a marriage license or ceremony. In states that allow it, couples may be considered married if they:
- Live together
- Intend to be married
- Present themselves publicly as husband and wife
Washington does not allow couples to create common law marriages.
Does Washington Recognize Common Law Marriage?
No.
Washington State does not recognize common law marriage, no matter how long a couple lives together or how committed the relationship is.
That means:
- Living together for many years does not create a marriage
- Sharing finances does not create a marriage
- Calling each other “husband” or “wife” does not create a marriage
Without a marriage license and ceremony, Washington considers the couple legally unmarried.
Important Exception: Out-of-State Common Law Marriages
Although Washington does not allow common law marriage, it does recognize valid common law marriages created in other states.
If:
- A couple formed a legal common law marriage in a state that allows it (such as Texas or Colorado), and
- The marriage met that state’s legal requirements
👉 Washington will generally recognize the marriage as valid.
Washington’s Unique Rule: Committed Intimate Relationships (CIR)
Washington has something unusual called a Committed Intimate Relationship (CIR)—formerly known as a meretricious relationship.
This is not a marriage, but it does give unmarried couples some legal protections when a relationship ends.
What Is a Committed Intimate Relationship?
A CIR exists when two people:
- Live together in a stable, long-term relationship
- Are not married to someone else
- Combine finances and resources
- Act like a committed couple
Courts look at the overall relationship, not just one factor.
Why CIR Matters in Washington
If a court finds a CIR existed, it can:
- Fairly divide property acquired during the relationship
- Recognize financial contributions of both partners
This is why many people think Washington has “common law marriage”—but legally, it does not.
How Courts Decide If a CIR Exists
Washington courts consider factors such as:
- Length of the relationship
- Whether the couple lived together
- Shared finances and property
- Joint decision-making
- How the couple presented themselves publicly
There is no set time requirement.
What Rights Do CIR Partners Have?
Possible Rights
- Equitable division of property acquired during the relationship
Rights They Do NOT Have
- No automatic spousal support
- No inheritance rights
- No automatic survivor benefits
- No divorce process
CIR offers limited protection, not full marital rights.
Property and Inheritance in Washington
Property
If a CIR is established:
- Property acquired during the relationship may be divided fairly
If not:
- Ownership usually depends on whose name is on the title
Inheritance
Without marriage:
- A partner does not automatically inherit
- A will or trust is essential
What About Children?
Children are fully protected under Washington law, regardless of marital status.
The law provides:
- Child support
- Parenting plans
- Custody rights
Marriage status does not affect a child’s legal rights.
Common Myths About Common Law Marriage in Washington
Myth: Living together for 7 years creates a marriage
❌ False
Myth: Washington recognizes common law marriage
❌ False
Myth: CIR is the same as marriage
❌ False
Myth: Having children makes you married
❌ False
How Couples Can Protect Themselves in Washington
- Cohabitation Agreement
Clarifies property ownership and financial expectations.
- Estate Planning
Wills, trusts, and beneficiary designations are crucial.
- Powers of Attorney
Allows your partner to make decisions in emergencies.
- Legal Marriage
The only way to receive full marital rights in Washington.
Why This Matters for Law Practices
Washington family law cases often involve:
- CIR property disputes
- Estate litigation
- Unmarried partner breakups
Clear explanations help clients avoid surprises and disputes.
Frequently Asked Questions (FAQ)
Does Washington recognize common law marriage?
No. Washington does not allow common law marriage.
What is a committed intimate relationship?
A long-term, marriage-like relationship that allows limited property division.
Do CIR partners need a divorce?
No, but property disputes may go to court.
Do unmarried partners inherit automatically?
No, not without a will.
Should unmarried couples sign agreements?
Yes. It’s strongly recommended.
Final Thoughts
Washington law is clear:
No marriage license means no marriage.
However, Washington’s Committed Intimate Relationship doctrine provides limited fairness when long-term relationships end.
For couples, understanding the difference can prevent financial shock. For legal professionals, it’s an area where clear guidance is essential.
If you’re unsure about your relationship status or legal rights, speaking with a Washington family law attorney can help clarify your options.