Washington State does not recognize common law marriage. This means that couples who live together, even for a long period of time, and hold themselves out to others as husband and wife, are not legally married in the eyes of the state unless they have obtained a marriage license and had a formal ceremony. This can have significant legal implications regarding property rights, inheritance, healthcare decisions, and tax benefits. Understanding this legal reality is crucial for couples living together in Washington.
What is Common Law Marriage?
Common law marriage, also known as informal marriage, is a legal concept where a couple is considered married without a formal ceremony or marriage license. Historically, many states recognized common law marriage, relying on evidence of a couple's intent to be married and their presentation to others as a married couple. However, the number of states that still recognize common law marriage is dwindling.
Why Doesn't Washington Recognize Common Law Marriage?
Washington, along with many other states, has abolished common law marriage to provide clarity and avoid potential disputes. The state legislature decided that requiring a formal marriage license and ceremony provides better legal protection and reduces ambiguity about the marital status of couples. This clear standard protects both individuals and the state from potential legal complexities.
What if a Couple Believes They Are in a Common Law Marriage in Washington?
Even if a couple believes they are in a common law marriage, or have been told they are, this belief doesn't change their legal status in Washington State. They are not legally married and will not be considered married for any legal purpose.
How Can Couples Protect Their Rights in Washington Without Common Law Marriage?
Couples living together in Washington who wish to enjoy the legal protections afforded to married couples should consider entering into a formal marriage by obtaining a marriage license and having a ceremony. Alternatively, they could create a comprehensive cohabitation agreement outlining their shared financial responsibilities and property ownership. Consulting with a family law attorney is advisable to create a legally sound and effective agreement.
What constitutes proof of common-law marriage? (Even though it's not recognized in WA)
While irrelevant in Washington, other states that do recognize common law marriage require substantial evidence demonstrating the couple's intent to be married and their presentation of themselves as a married couple. This often includes:
- Cohabitation: Living together for an extended period.
- Reputation: Presenting themselves to family, friends, and the community as a married couple.
- Declaration: Explicitly stating their intent to be married. This may be through testimony, letters, or other documentation.
However, again, none of this matters in Washington State. The lack of a legally obtained marriage license means no legal marriage exists.
What are the legal consequences of not being legally married in Washington?
The legal consequences of not being legally married in Washington are significant and include:
- Inheritance: Without a will specifying otherwise, a partner may not inherit from their deceased partner.
- Property Rights: Property ownership and division are governed by different laws than for married couples. This can significantly impact finances in case of separation or death.
- Healthcare Decisions: A partner may not have the legal right to make healthcare decisions for their ill partner.
- Tax Benefits: Married couples receive various tax advantages not available to unmarried couples.
In conclusion, understanding that Washington State does not recognize common law marriage is crucial for any couple residing in the state. The legal implications are substantial, and seeking legal advice is strongly recommended to clarify rights and responsibilities regarding property, inheritance, healthcare, and taxes.
