In Washington State, more couples are choosing to live together without getting married. While cohabitation can be a practical and fulfilling arrangement, many people don’t realize that their legal rights differ significantly from those of married couples. Unlike spouses, unmarried partners do not automatically receive the same protections regarding property division, financial support, or inheritance. However, Washington law does recognize certain rights for long-term unmarried partners under specific circumstances.

What Is a Committed Intimate Relationship?

Washington courts recognize long-term, marriage-like relationships between unmarried partners under the legal doctrine of a Committed Intimate Relationship (CIR). While a CIR does not grant all the legal benefits of marriage, it does provide some protections, particularly when it comes to property division after a breakup.

To determine whether a relationship qualifies as a CIR, courts will look at factors such as the length of the relationship, whether the couple lived together continuously, how financially intertwined they were, and whether they held themselves out as a committed couple. If a CIR is established, the court may divide shared property in a manner similar to divorce proceedings, ensuring that both partners receive a fair distribution of assets acquired during the relationship.

Property Rights for Unmarried Couples

Unmarried couples in Washington do not automatically share ownership of assets acquired during their relationship. If a CIR is recognized, the court may divide jointly acquired property fairly, but this is not a given. In most cases, any property purchased solely by one partner remains in that person’s name unless the other can prove a financial or labor contribution to its value.

For example, if one partner purchased a home in their name but the other contributed financially to the mortgage or made significant improvements, the contributing partner may have a claim to a portion of the home’s value. However, proving this in court can be challenging, especially without clear documentation of financial contributions.

Financial Responsibilities and Debt

Unlike married couples, cohabiting partners in Washington are not automatically responsible for each other’s debts. If one partner takes on a loan, credit card debt, or other financial obligation, the other is generally not liable unless they co-signed the agreement. This distinction becomes particularly important in the event of a breakup, as one partner cannot be held responsible for debts incurred solely by the other.

Additionally, Washington law does not recognize spousal support (alimony) for unmarried partners, even if one partner was financially dependent on the other. This lack of automatic financial protection underscores the importance of creating a cohabitation agreement, which can outline financial expectations and responsibilities during and after the relationship.

Parental Rights and Custody

If an unmarried couple has children, both parents typically have equal rights and responsibilities, but legal steps may be necessary to establish those rights. Fathers who are not married to the child’s mother may need to legally establish paternity to gain parental rights. This can be done voluntarily at the time of birth or through a legal proceeding later.

Once paternity is established, unmarried parents have the same rights and obligations as married parents, including the right to seek custody and visitation, as well as the responsibility to pay child support. However, in cases where one partner is not the biological parent, they may have limited legal rights unless they have formally adopted the child.

Inheritance and Estate Planning Considerations

One of the most significant legal differences between married and unmarried couples in Washington is the issue of inheritance. Unmarried partners do not automatically inherit from each other under state intestacy laws, meaning that if one partner dies without a will, their assets will go to their closest legal relatives—often parents, siblings, or children—rather than the surviving partner.

To ensure that an unmarried partner is financially protected in the event of death, it is crucial to have an estate plan in place. This may include creating a will, designating the partner as a beneficiary on retirement accounts and life insurance policies, and establishing a power of attorney for healthcare and financial decisions. Without these legal safeguards, a surviving partner could be left without any legal claim to shared property or financial resources.

Protecting Your Rights with a Cohabitation Agreement

Because Washington law does not offer unmarried couples the same protections as married spouses, creating a cohabitation agreement can be a smart way to protect both partners’ rights. A cohabitation agreement is a legally binding contract that outlines how property and assets will be divided, financial support arrangements, and responsibilities for joint debts.

This type of agreement can prevent legal disputes if the relationship ends and ensure that both partners’ financial interests are protected. It is especially important for couples who purchase property together, have significant financial interdependence, or want to clarify financial expectations in advance.

Unmarried couples in Washington have some legal protections, but they are not as extensive as those available to married spouses. While the state recognizes Committed Intimate Relationships, these legal rights are limited and not automatically granted. Cohabiting partners should take proactive steps to protect their interests, such as creating a cohabitation agreement, clarifying property ownership, establishing parental rights, and ensuring proper estate planning.

At the Law Office of Erin Bradley McAleer, we help unmarried couples navigate their legal rights and plan for the future. If you have questions about protecting your interests in a cohabiting relationship, contact us today to schedule a consultation.