Does Washington State Recognize Common Law Marriage?
The short answer is no, Washington State does not recognize common law marriage. This means that simply living together for an extended period of time, even with the intention of being married, does not grant you the legal rights and responsibilities of a married couple under Washington state law. This can have significant implications for issues such as property division, inheritance, and healthcare decisions.
Let's delve deeper into the specifics and address some common questions surrounding this topic.
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. Typically, it requires a couple to live together, present themselves to others as married, and intend to be married. The specific requirements vary widely by state, and as mentioned, Washington is not one of those states.
Why Doesn't Washington Recognize Common Law Marriage?
Washington has explicitly chosen not to recognize common law marriage. The state legislature has consistently rejected attempts to legalize it, opting instead to maintain the traditional requirement of obtaining a marriage license and performing a ceremony or filing a declaration of marriage. This approach provides clarity and avoids potential disputes over whether a couple meets the criteria for common law marriage. The lack of clear definition and potential for legal challenges likely contributed to the state's decision.
What Happens if a Couple Believes They Are Common Law Married in Washington?
If a couple in Washington believes they are common law married, they are legally considered unmarried. This has significant ramifications. In the event of a separation or death, the laws governing unmarried couples will apply, not those governing married couples. This can have serious consequences regarding:
- Property Division: In a separation, property division would be handled according to Washington's laws on unmarried cohabitation, rather than the more equitable division often seen in divorces.
- Inheritance: A partner might not inherit from the other's estate in the absence of a will specifically naming them as a beneficiary.
- Healthcare Decisions: The partner might not have the automatic right to make healthcare decisions for the other in the case of incapacitation.
- Tax Implications: Tax filing status and benefits would not be the same as those for married couples.
How Can Couples in Washington Protect Their Rights Without Common Law Marriage?
While Washington doesn't recognize common law marriage, couples can protect their rights through other legal means:
- Marriage: The most straightforward way is to obtain a marriage license and have a formal ceremony or file a declaration of marriage.
- Domestic Partnership: Washington offers domestic partnerships, which provide some legal protections similar to marriage for same-sex couples and others who may not wish to be married.
- Cohabitation Agreements: A legally binding contract that outlines the financial and other responsibilities of each partner in a relationship. This is particularly helpful in defining property rights and other matters in the event of separation.
- Wills and Trusts: Creating a will or trust ensures that property and assets are distributed according to the wishes of the couple, even in the absence of common law marriage.
What if I lived with someone for many years in Washington and now they have passed away?
Even a long-term relationship in Washington does not automatically grant inheritance rights. Without a will naming you as a beneficiary, proving your relationship's extent might be a lengthy and complex process under intestacy (dying without a will) laws. Consulting with a probate attorney is crucial in such situations.
It's essential to remember that legal advice is always tailored to specific circumstances. Consulting with a qualified attorney in Washington state is vital to understand your legal rights and options, whether you are currently in a long-term relationship or facing a situation involving inheritance or separation. This information is for educational purposes only and should not substitute professional legal counsel.
