Unsure how Washington law applies to your relationship?

Managing, ending, or transitioning from a long-term relationship when you aren’t legally married can feel confusing and uncertain. Washington’s laws around Committed Intimate Relationships (CIRs) are complex, but you don’t have to navigate them alone.

How does Washington legally define long-term, unmarried couples?

Instead of “common law marriage”, our Washington courts have developed a legal doctrine referred to as Committed Intimate Relationships (CIR’s) which refers to a relationships that are sufficiently marriage-like. Whether or not you and your partner retroactively fit the criteria for a CIR affects legal proceedings regarding your relationship.

How does the court determine whether or not I was in a CIR?

In determining whether the relationship is sufficiently marriage-like, the court will look at a number of different factors including:

  • Duration of the Relationship: How long you lived together.
  • Continuous Cohabitation: Whether you maintained a stable, joint household.
  • Interdependence: Pooling resources and mutual support.
  • Behavior of the Parties: Joint financial planning and shared goals.
Every relationship is unique! Contact our team to review your financial and cohabitation history today.

Property Ownership

for Unmarried Couples

Long-term couples often acquire property or debt during their relationship that does not explicitly belong to just one partner. For instance, they might have purchased a house, a vehicle, or furniture together, and may still owe money on those purchases as well. In some cases the property or debt other may be in both names, and others (such as with furniture or other goods) there may be no names attached as there is no title on such property.

The process of property division differs greatly depending on whether or not the State sees you both as having been in a CIR…

If you ARE considered to have been in a CIR...

Property and debt will then be categorized as either community or separate. Community property is that acquired during the relationship, but not by gift or inheritance. Community property is generally divided, but not necessarily 50/50. Rather, it may be divided in whatever way the court finds to be fair and equitable. This may include looking at factors like:

  • The length of the relationship
  • The financial situation of each party going forward
  • The nature and extent of the property and how it was acquired

Separate property (from before the relationship or acquired by gift or inheritance) is generally left with the person who owns it. This is similar to how property is divided in a divorce, except that the court has less power to divide separate property.

If you are NOT considered to have been in a CIR...

Property division will simply be a matter of determining what actual property rights each party has. Essentially, you and your partner will be treated like two individuals in a business relationship. Here title will be key. For instance, if you purchased a house together in both names, then you both have an interest determined by the form of the purchase. Your family lawyer will want to see any documents you have related to purchase or ownership.

For non-titled property we would normally look to which person purchased the item. If there was a pooling of funds without establishing a committed intimate relationship, this is simply going to be a gray area for the court to wrestle with. In this situation, current possession may go a long way.

You do need to make sure you look at the nature of any debts as well as property. If both parties’ names are on the debt, then the creditor may be able to come after both of you, or may simply choose to go after the deeper pocket.

Child Custody

for Unmarried Couples

Similar to a divorcing couple, a parenting plan will need to be created and child support calculated. Unlike the automatic nature of dealing with parenting issues in a divorce, unmarried couples will not have their parenting arrangements addressed unless until at least one member of the couple takes the initiative to file an action for parentage and child support.

Are both parents listed on the birth certificate(s)?

If yes, then a parentage action is simply used to work out the parenting plan.

However, if both parents are not listed on the birth certificate, then it may be necessary to file for a paternity determination so that the other parent is officially recognized as a legal parent of the child and can be added to the birth certificate.

If you are facing both property and parenting issues, you may need to file two separate actions. Washington counties do not all agree on whether both types of actions can be consolidated into one. Talk to us to learn more!

Cohabitation Agreements

This can clarify a couple's intent to live marriage-like as well as spell out how property and debt is to be acquired, held, and divided.

At Seattle Divorce Services, we feel it is always in one’s best interest to know how a court may view one’s relationship in the event of a separation, especially one where property or debt will need to divided. A Cohabitation Agreement, also known as a “Living Together Contract”, can address these concerns and our family lawyers would be happy to assist you in drafting one!

Without a marriage or domestic partnership, a partner does not have any right to alimony, though the couple may be able to construct something similar in a living together contract. The agreement can also be a good way to address less traditional kinds of relationships including open relationships, polyamory, or simply unusual financial structures.

Looking to resolve your separation privately & quietly?

Consider out-of-court resolution methods, such as mediation or proceeding Collaboratively, to retain the most agency over your separation's outcomes.

The separation process for unmarried couples can be more complex and is known to produce unpredictable outcomes. Dispute resolution via the courts, known as litigation, takes a great deal of control away from the partners involved. Mediated or collaborative proceedings allow you both to retain agency over the results and to creatively develop solutions that fit your needs and values.

Our lawyers always aim to reach a resolution outside of court first and foremost, and would be glad to explain how to go about such dispute resolution methods.

Domestic Partnerships

A couple that is not married but has formed a domestic partnership will be treated as if they were married under Washington law, though not federal law.

 Senior couples may elect the domestic partnership option specifically to avoid impacting social security or pension benefits and can use a traditional divorce process when they separate. Initially domestic partnerships were available to both same sex couples and senior couples (at least one partner is over 62). However, in 2014 domestic partnerships for same sex couples who were not also in the senior category where converted to marriages. If you are not sure of your current status, a Seattle Divorce Services can help you sort it out.

How Seattle Divorce Services Can Help You

Involving a lawyer shouldn't and doesn't have to create more tension-- we aim to resolve it!

  • We negotiate fair property and debt distribution without unnecessary court battles.
  • We help establish or challenge a Committed Intimate Relationship status depending on your financial goals.
  • We draft clear, enforceable parenting plans tailored to your family’s needs.

Take Control of Your Future Today

Transitioning out of an unmarried partnership requires experienced legal guidance. Let us handle the legal complexity so you can focus on moving forward.

Request a Consultation