People are often told that unmarried couples have no rights in Washington. That is not accurate, and believing it can cost someone their share of a home they helped pay for over many years.
Washington does not have common law marriage. What it has instead is a judicial doctrine — the committed intimate relationship, or CIR, developed through cases including Connell v. Francisco — that prevents one partner from walking away with everything simply because the title happens to be in their name.
These cases are fact-intensive and worth getting advice on early, because the evidence that proves a CIR is often the evidence people stop keeping once they separate.
What makes a relationship a committed intimate relationship?
There is no checklist that guarantees a finding, and no minimum number of years. Courts look at the whole picture, considering factors such as:
- Continuous cohabitation
- The duration of the relationship
- The purpose of the relationship
- Whether the couple pooled resources and services for joint projects
- The intent of the parties
In practice, a long-term couple who lived together, shared finances, bought property together, and presented themselves as a family unit has a strong case. A few years of dating while maintaining separate finances generally does not.
What happens once a committed intimate relationship is established?
The court presumes that property and income acquired during the relationship is community-like — owned by both — and divides it in a just and equitable manner, applying principles borrowed from divorce law. A partner who claims a particular asset is separate carries the burden of proving it.
Property either partner owned before the relationship began remains separate, and unlike in a divorce, it is generally not before the court for distribution at all. That is a meaningful difference: in a Washington dissolution the court can reach separate property; in a CIR case it ordinarily cannot.
What rights does a committed intimate relationship not give you?
This is the part that surprises people, and it matters:
| Question | Married couple | Committed intimate relationship |
|---|---|---|
| Property acquired during the relationship divided equitably | Yes | Yes |
| Court can reach separate property | Yes | No — pre-relationship property is generally not before the court |
| Spousal maintenance available | Yes | No |
| Automatic inheritance without a will | Yes | No |
| Surviving spouse status for benefits | Yes | No |
| Parenting plan and child support | Yes | Yes — decided under separate statutes that apply equally |
A committed intimate relationship is a remedy at the end of a relationship, not a substitute for planning during it. Wills, beneficiary designations and co-ownership agreements do far more to protect a partner.
The practical takeaway for long-term unmarried couples: a CIR is a remedy at the end of a relationship, not a substitute for planning during it. Wills, beneficiary designations, co-ownership agreements, and — for non-biological parents — adoption or de facto parentage do far more to protect a partner than a doctrine that only operates in court after everything falls apart.
How do you prove a committed intimate relationship?
Because there is no marriage certificate, evidence does the work: joint accounts and shared bills, deeds and mortgage documents, tax filings, insurance and beneficiary designations, contributions to a property's purchase or improvement, correspondence describing the relationship, and testimony from people who knew the couple. Tracing who paid for what, over what period, is frequently the heart of the case — which is why financial records matter enormously and why acting quickly, before accounts are closed, is worth doing.
Can a committed intimate relationship claim be made after a death?
A CIR can also be raised when a partner dies, typically against the estate. These cases are difficult and time-sensitive, and they collide with probate deadlines — one more reason for unmarried partners to handle this with estate planning rather than leaving a survivor to litigate it while grieving.
Frequently asked questions
Does Washington have common law marriage?
No. Washington does not recognize common law marriage. It does recognize the committed intimate relationship, a judicial doctrine that allows property acquired during a marriage-like relationship to be divided equitably.
How long do we have to live together for a CIR?
There is no set number of years. Duration is one factor among several, alongside continuous cohabitation, pooling of resources, the purpose of the relationship, and the parties' intent.
Can I get support from my ex-partner after a CIR?
No. Spousal maintenance is not available in CIR cases. The remedy is limited to the equitable division of property acquired during the relationship.
What if the house is only in my partner's name?
Title is not the end of the inquiry. If the home was acquired during the relationship, a court can treat it as community-like property subject to division, regardless of whose name is on the deed.
Do CIR rules affect custody of our children?
No. Parenting plans and child support for unmarried parents are governed by separate statutes and apply the same standards as they do for married parents once parentage is established.
Ready to talk through your situation?
Reach a Schwab Law attorney in Spokane today.