Financial Planning for Unmarried Partners in Washington

Recent legal developments in Washington State affect the treatment of finances and property. Historically, Washington State has not recognized common-law marriage. But recent developments have put the focus on “committed intimate relationships,” which affects how you handle estate planning and property acquisitions as an unmarried couple. These new legalities replace the previous term, “meretricious relationships.”

Beyond the change in terminology, the doctrine spells out key information on how committed, unmarried couples should handle community property and plan for their financial future.

How courts determine whether a relationship is intimate and committed

For legal purposes, the committed intimate relationship designation depends on several factors, notably continuous cohabitation. In addition, the courts may use the following criteria, as established in Connell v. Francisco:

• The duration of the relationship (usually from the date in which both parties move in together)
• The purpose of the relationship
• How each party pools resources in the relationship (e.g., joint checking accounts, shared expenses for groceries, etc.)
• Each party’s intent

Proving the criteria mentioned above can be challenging, especially the element of “intent,” which becomes even more difficult if one party has passed away. Additionally, the Court of Appeals has determined that even if a domestic partnership affidavit is used solely for insurance purposes, it can still be considered evidence of a significant relationship.

So far, no Washington State court has recognized a committed intimate relationship unless all five factors outlined in Connell v. Francisco were met. This highlights the importance of unmarried couples taking steps to protect both their individual and shared assets. It’s worth noting that if one party clearly wishes to end the relationship, that alone may be enough to satisfy the “intent” requirement of the test.

Ultimately, these cases are decided based on their specific circumstances, which can leave room for interpretation. To avoid potential disputes and costly legal battles, it’s crucial to plan ahead and establish clear agreements.

Committed intimate relationship and estate planning

Couples in a committed intimate relationship in Washington State receive similar protections to married couples regarding community property. This includes salary, wages, and assets acquired during the relationship. When the relationship ends, either through separation or death, these assets are typically divided in much the same way as they would be for married couples.

However, without proper planning, complications can arise. For instance, if one partner passes away, disputes may occur over the ownership of certain assets, making the property transfer more difficult.

If you are in an unmarried, committed, intimate relationship, it’s essential to understand your property rights under Washington State’s committed relationship doctrine. Taking proactive steps can help prevent confusion and ensure that your assets are divided according to your wishes in the event of separation or death.

Status of a property agreement

Any partner in a committed relationship can create a formal agreement outlining the nature of their property. This agreement, similar to a prenuptial or postnuptial, can specify which assets each person brought into the relationship and detail jointly owned property.

When it comes to jointly owned property, it’s important to take additional steps to protect ownership. Make sure both names are listed on titles, or ensure that each partner’s will grant the other their share of the property. This can help prevent disputes and ensure a smooth transfer of ownership.

If one member of the party decides not to create property rights within the relationship, they should document their decision in a written agreement. In this case, title property accordingly and distribute it according to the terms of a will. Without a will expressing intention, the courts may use the criteria above to determine the other party’s claim to property.

Planning ahead is better than litigating

In Washington State, where common-law marriage is not recognized, unmarried partners may be unaware of the legal implications surrounding their property.

State doctrine grants certain rights to property acquired during a relationship, but without clear documentation—such as a will or written agreement—there can be significant uncertainty. This lack of clarity can lead to costly legal battles to determine property rights after a death or separation.

Proper preparation is key to avoiding these complications. No matter how you view shared property, it’s important not to leave things to chance. Consult a professional to create legal documentation that protects both partners’ interests. Reach out to our estate planning team today to ensure peace of mind and security for your future together.

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