Does Washington Recognize Common Law Marriage?

Updated October 13, 2026 · 1 min read · 1 sources

Short answer

No. Washington does not recognize common law marriage, but courts can divide property acquired during a "committed intimate relationship." Most states generally recognize a marriage that was valid where it was formed, so a common law marriage created in a state that allows it may still be recognized.

Common law marriage is one of the most misunderstood areas of family law. There is no set number of years that makes a couple "automatically" married.

At a glance

Question Answer
Does Washington recognize it? No
Details Washington does not recognize common law marriage, but courts can divide property acquired during a "committed intimate relationship."
Legal source Wash. Rev. Code § 26.04.010

What this means for unmarried couples

Couples who live together without a formal marriage do not automatically get spousal rights such as inheritance without a will, spousal support or a share of marital property. Partners who want protection can use written agreements, wills, beneficiary designations, joint titles and powers of attorney.

Couples who move between states

A common law marriage validly formed in a state that allows it is generally treated as a real marriage elsewhere, which means a divorce is needed to end it. If you lived in a state that recognizes common law marriage, get advice on whether a marriage may have been formed there.

More: how to file for divorce, legal separation vs. divorce and Washington divorce residency requirements. Inheritance questions are covered in what happens if you die without a will. A family lawyer can assess your situation.

Sources

  1. RecordingLaw: Common law marriage by state

This page summarizes state law for general information and is not legal advice. Laws change and courts interpret them; check the current statute or official source, or talk to a licensed attorney in your state about your situation.

Related questions

Common law marriage in other states