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As cultural norms continue to shift, committed relationships between unmarried couples have become increasingly common. However, unmarried couples may face unique challenges if they decide to separate, particularly when it comes to the division of property. If you are in a committed relationship and are considering separation, an experienced divorce attorney can provide you with the guidance you need. 

The General Rule for Dividing Property 

Washington State is a community property state. This means that any property acquired during a marriage is considered the property of both spouses. In the event of a divorce, the courts will divide the property between the spouses in an equitable manner.  While the devil often lies in the details in any particular divorce, the parties can at least use the date the couple was married to determine which assets and liabilities should be considered “community property” and, therefore, subject to equitable division. Any “separate” property acquired before the marriage is usually awarded to the spouse who accumulated that property, though not always.  

This rule can be difficult to apply to unmarried couples, even though they may have acquired property and debts during the course of their relationship. Equity would require that these assets and liabilities be divided in some way in order to avoid a situation where one partner gets everything and the other is left impoverished. 

Committed Intimate Relationships

In order to address the need for unmarried couples to divide property accumulated during a “marriage-like” relationship, a series of court cases established the doctrine of “committed intimate relationships” in Washington State.  If a court determines that the partners were in a “committed intimate relationship,” they will use community property principles to determine what property each partner should receive upon separation. In determining whether you are in a committed intimate relationship, the court will consider several non-exclusive factors such as the following: 

• The length of the relationship
• The stability of the relationship
• Whether you and your partner have acted as a married couple
• Whether you have combined finances
• Whether you have purchased real property together  
• Whether you and your partner have children together

Basically, the court will try to determine whether your relationship is sufficiently similar to a marriage in order to justify applying community property principles to dividing the assets and debts in an equitable manner. 

For example, a court would likely find there is a committed intimate relationship if you lived together with your partner continuously for several years, shared bank accounts, and shared responsibility for paying the bills. On the other hand, they may not find a committed intimate relationship if you had significant periods of living apart and generally kept your financial matters separate. 

You Don’t Have to go to Court to Divide Your Property

If you and your former partner wish to avoid a court proceeding, you can still work out a property settlement without court involvement.  

The most common way for non-married partners to formally separate would be to enter into a legally binding contract, which might be called a Separation Contract or a Status of Property Agreement.  This contract would list all of your agreements, including who will be receiving what assets post-separation.  Even without a court case being filed, this contract could be enforced through the civil courts if the need ever arose.  

Keep in mind that some of the protections for divorcing couples would not apply to unmarried partners, for example, transferring titles to different assets may have tax or other consequences that should be carefully considered.

Why You Need a Divorce Lawyer Early in the Process

There is a lot of uncertainty for unmarried couples when it comes to separating, especially when it comes to preparing for their financial future. Understanding your options and what you can expect before you start the process can make the process easier, less expensive, and less stressful. An experienced divorce lawyer can provide guidance on the following: 

• Whether the community property rule will apply in your case
• What you can expect as an equitable or fair property settlement
• Whether alternative dispute resolution methods such as mediation or collaboration could help you reach an amicable resolution

The sooner you involve a lawyer, the better your chances of reaching a favorable outcome. 

Contact Seattle Divorce Services Today

The separation of assets and debts can be difficult for unmarried couples to navigate. At Seattle Divorce Services, we specialize in helping those who don’t fit the traditional molds. We provide caring and creative representation focused on helping our clients build a better life. To discuss your case and how we can help, contact us today by calling 206-784-3049 to schedule a consultation.