No, Washington does not allow couples to form common law marriages. You cannot become legally married in Washington simply by living together, regardless of how long the relationship lasts or how closely it resembles a traditional marriage.
That said, Washington has a unique and often misunderstood legal doctrine that causes a lot of confusion: the Committed Intimate Relationship (CIR) doctrine. While this doctrine can create limited financial rights for unmarried couples, it is not marriage, does not make you a spouse, and does not provide the full protections of marriage.
Because many people wrongly assume Washington “basically has common law marriage,” it’s important to understand exactly what the law does—and does not—do.
How Marriage Is Defined in Washington
In Washington, marriage is a formal legal status that begins only when statutory requirements are met.
To be legally married in Washington, a couple must:
- Obtain a valid marriage license
- Meet eligibility requirements under state law
- Have the marriage solemnized by an authorized officiant
Without these steps, the couple is legally unmarried, regardless of commitment, cohabitation, or public perception.
Washington has never recognized common law marriage formed within the state.
Why Washington Does Not Recognize Common Law Marriage
Common law marriage is based on the idea that a couple’s intent, cohabitation, and public behavior can create a legal marriage without formal approval. Some states historically allowed this approach.
Washington rejected it.
The state’s legal system favors clear starting points for marriage. Lawmakers and courts have consistently held that marriage should not be something judges must reconstruct years later based on lifestyle evidence or witness testimony. Either the legal steps were taken—or they were not.
The Source of Confusion: Committed Intimate Relationships (CIRs)
Although Washington does not recognize common law marriage, it does recognize Committed Intimate Relationships, sometimes referred to in older cases as “meretricious relationships.”
A CIR is not a marriage, but it allows courts to divide certain property when a long-term unmarried relationship ends.
This doctrine exists to prevent unfair outcomes—not to replace marriage.
What Is a Committed Intimate Relationship?
A Committed Intimate Relationship is a stable, long-term, marriage-like relationship where:
- The couple lived together
- The relationship was exclusive
- Both parties intended a committed partnership
- The relationship was continuous and durable
Courts look at the totality of the circumstances, not a checklist.
Important:
A CIR does not make the couple spouses. It only affects how certain property is handled if the relationship ends.
What Rights Does a CIR Provide?
If a court finds that a Committed Intimate Relationship existed, it may:
- Identify property acquired during the relationship
- Divide that property in a manner the court considers fair
This is similar to property division—but it is not marital property law.
What a CIR Does Not Do
This is where many people make dangerous assumptions.
A Committed Intimate Relationship does not:
- Create a marriage
- Require a divorce to end
- Grant spousal support (alimony) automatically
- Create inheritance rights
- Make a partner a legal spouse
- Provide survivor benefits
When the relationship ends, there is no divorce, only a civil property dispute if one partner files a claim.
What Happens When Unmarried Couples Separate in Washington?
If there is no CIR claim, separation is straightforward:
- Each person keeps what they own
- Joint property is divided based on ownership
If a CIR is proven, the court may:
- Classify certain assets as relationship property
- Divide them equitably
This often surprises people who believed they were “just dating” or, conversely, believed they were “basically married.”
Death and Inheritance: Where Confusion Is Costliest
This is one of the most critical distinctions.
If one partner dies without a will:
- A surviving unmarried partner does not automatically inherit
- CIR status does not create spousal inheritance rights
- Assets pass to legal heirs under Washington intestacy law
A CIR does not protect a surviving partner from disinheritance.
Recognition of Out-of-State Common Law Marriages
Washington will recognize a common law marriage if:
- It was validly formed in another state that allows common law marriage, and
- It met that state’s legal requirements
For example, a couple legally married under common law in Texas or Colorado will be treated as married in Washington.
Washington itself does not create common law marriages.
Common Myths About Marriage in Washington
Many disputes begin with incorrect assumptions like:
- “Washington has common law marriage”
- “Living together long enough makes us spouses”
- “We’ll be treated like married couples anyway”
None of these are true.
Washington offers limited property protection, not marital status.
Legal Planning for Unmarried Couples in Washington
Because marriage does not arise automatically, planning is essential.
Cohabitation Agreements
These can define:
- Property ownership
- Financial responsibilities
- What happens if the relationship ends
Washington courts frequently enforce clear agreements.
Estate Planning
Unmarried couples should strongly consider:
- Wills
- Beneficiary designations
- Powers of attorney and health care directives
Without these, a surviving partner may have no legal standing.
Why Washington Uses This System
Washington’s approach attempts to balance:
- Protecting people from unfair financial outcomes
- Avoiding accidental or assumed marriages
The CIR doctrine exists to address property fairness, not relationship recognition.
Final Takeaway
Washington does not recognize common law marriage. Living together—even for decades—does not make a couple married.
While Washington courts may recognize a Committed Intimate Relationship and divide certain property when a relationship ends, this doctrine does not create spousal rights, inheritance rights, or marital status.
