Common Law Marriage in Washington: Legal Requirements and Exceptions

Many couples today choose to live together long-term without getting married. This often raises the question: Do we have a common law marriage?

In the state of Washington, the legal system doesn’t formally recognize common law marriage in the traditional sense—but there is an important legal concept that offers similar protections.

If you live with a partner in Washington State, here’s what you need to know about common law marriage, committed intimate relationships (CIRs), and your legal rights in 2025.

Does Washington Recognize Common Law Marriage?

No, Washington State does not recognize common law marriage, meaning you cannot automatically be considered legally married just by living together or being in a long-term relationship—no matter how many years you’ve been together.

However, Washington has a unique legal doctrine called a “Committed Intimate Relationship” (CIR), which may grant certain legal rights to unmarried couples after separation.

What Is a Committed Intimate Relationship (CIR)?

A Committed Intimate Relationship (CIR) is a legal term used by Washington courts to describe a stable, marriage-like relationship between two unmarried adults. While not the same as a legal marriage, a CIR can entitle one or both partners to a fair division of property and assets if the relationship ends.

There is no official registration or form for a CIR—it is decided by the courts on a case-by-case basis.

Factors the Court Considers for CIR Status

To determine whether a relationship qualifies as a CIR, Washington courts evaluate several factors:

• Duration of the relationship
• Whether the couple lived together continuously
• Whether they pooled resources and shared finances
• Joint ownership of property or assets
• Intent of both parties to function as a married couple
• Reputation of the relationship in the community

There is no minimum time requirement, but the relationship must reflect a serious, long-term commitment.

Legal Rights Under a CIR in Washington

If the court determines a CIR existed, the couple may be granted rights similar to those in a divorce, including:

• Equitable distribution of property acquired during the relationship
• Consideration of contributions (financial or otherwise) made by both partners
• Division of jointly owned assets and debts

However, spousal benefits like Social Security, pensions, or health insurance typically do not apply.

Important Legal Steps for Unmarried Couples in Washington

If you’re in a long-term, unmarried relationship in Washington, consider the following tools to protect your legal rights:

1. Cohabitation or Partnership Agreement

Outlines property ownership, financial responsibilities, and expectations in case of separation.

2. Durable Power of Attorney & Healthcare Directive

Allows your partner to make decisions on your behalf in the event of incapacity.

3. Wills and Estate Plans

Ensure your partner receives property or assets upon your death, as they will not inherit automatically.

4. Joint Ownership

Add both names to titles and accounts to establish shared legal rights.

What About Out-of-State Common Law Marriages?

Washington will recognize a valid common law marriage that was legally established in another state that permits it (e.g., Texas or Colorado). This means if you were considered legally married under common law elsewhere, your marriage will be recognized after moving to Washington.

Final Thoughts

While Washington doesn’t offer common law marriage, its legal system still provides a pathway for long-term, unmarried partners to secure fair treatment through the concept of committed intimate relationships.

If you’re in such a relationship, it’s wise to create legal agreements and estate plans that protect both you and your partner—before issues arise.

About The Author