The short answer is no, Washington State does not recognize common law marriage. This means that simply living together and presenting yourselves as a married couple does not grant you the legal rights and protections afforded to legally married couples in the state. This can have significant implications for taxes, inheritance, healthcare decisions, and more. Understanding the legal ramifications is crucial for anyone considering a long-term relationship in Washington.
What is Common Law Marriage?
Before delving into Washington's stance, let's clarify what common law marriage, also known as informal marriage, actually entails. In states where it's recognized, a common law marriage is established when a couple meets specific criteria, typically including:
- Cohabitation: Living together as husband and wife.
- Presentation: Holding themselves out to the public as married (e.g., using the same last name, telling others they're married).
- Intent: A mutual agreement or understanding that they are married.
The exact requirements vary by state, but the key takeaway is the need for a clear demonstration of intent to be married, without a formal legal ceremony. Crucially, Washington does not have these requirements in place.
Why Doesn't Washington Recognize Common Law Marriage?
Washington abolished common-law marriage in 1993. The legislature made a deliberate decision to require couples to obtain a marriage license and have a legally recognized ceremony to establish the legal status of marriage. This is primarily for clarity and consistency in legal matters. Without formal documentation, determining the existence of a common-law marriage can lead to disputes and ambiguity.
What Happens if a Couple Believes They Are in a Common Law Marriage in Washington?
Even if a couple has lived together for many years, presented themselves as married, and believed they were married, Washington courts will not recognize their relationship as a legal marriage. This means they do not have the same legal rights and responsibilities as a formally married couple. This lack of recognition can have significant consequences in various legal contexts.
What are the legal implications of not being legally married in Washington?
This is a critical point. Many issues can arise:
- Inheritance: Without a will, the surviving partner may not inherit the deceased partner's property.
- Healthcare Decisions: The non-legally married partner may not have the right to make healthcare decisions for their partner in the case of incapacitation.
- Taxes: Filing jointly as a married couple on taxes is impossible, potentially leading to higher tax burdens.
- Spousal Support: In the case of separation, there's no legal basis for spousal support or the division of assets.
- Benefits: The non-married partner likely won't receive benefits such as survivor's benefits from Social Security or pension plans.
How Can Couples in Washington Protect Themselves?
To avoid these potential legal issues, couples in Washington who are in a long-term relationship should consider:
- Getting legally married: This is the only way to ensure the legal rights and protections that come with marriage.
- Creating a comprehensive estate plan: This includes creating wills, trusts, and power of attorney documents to ensure their wishes are carried out and their assets are protected.
How to Get Legally Married in Washington?
The process involves obtaining a marriage license from the county auditor's office and having a legally recognized ceremony performed by an authorized officiant. The requirements and procedures can be found on the Washington State Department of Health website. Always check the official website for the most up-to-date information.
I've been living with my partner for years, what should I do?
If you've been living with your partner for years and are concerned about your legal standing, it's crucial to consult with an estate planning attorney or family law attorney in Washington State. They can advise you on the best course of action to protect your rights and interests. They can help you understand the legal implications of your relationship and explore options for protecting your future.
This information is for educational purposes only and is not legal advice. Always consult with a qualified legal professional for advice tailored to your specific circumstances.
