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In the last 25 years, the number of people living together who are not married has more than doubled. Washington State’s cohabitation agreement laws provide these committed couples with certain rights.
Living together before marriage is becoming increasingly popular.
You won’t have the same rights as a married couple, such as:
- No tax benefits
- No duty of maintenance or spousal support (with the exception of a contract)
If you’re committed to someone whom you’re not married to, you should take steps to protect yourself, your assets and the assets that you purchase together.
No one plans to separate, but the law when you’re unmarried provides little benefits unless you’re in a committed intimate relationship or have a cohabitation agreement.
What Is A CIR (Committed Intimate Relationship) In Washington and What Does It Mean for Couples?
You may have heard of “common law marriage” before, and while some states do have this law in place, Washington is not one of them. Washington CIR couples are in a relationship that is:
- Stable
- Marital-like
You both know you’re not married, but you’re committed to one another and the life that you build together. Courts will decide, when separating, if you’re in a CIR based on:
- Relationship length
- Cohabitation facts, such as being continuous
- Purpose of the relationship
- Exclusivity of the relationship
- Pooling of resources
- Other factors
Courts will want to see, in most cases, that the couple has been living and presenting themselves as a couple for 2 – 3+ years.
Your rights in a CIR case are “similar” to a married couple, if the judge deems the relationship to be a committed intimate relationship. A judge can easily review a marriage certificate for proof of your marriage, but there is some room for interpretation with a CIR.
If you’re found to be in a CIR, generally,the property that you acquire is considered to be jointly owned and will be divided in a fair and equitable manner. Separate property will not be considered.
You will not be able to seek attorney fees or alimony, but you can be confident that there are rights regarding division-of-assets..
Debts are also divided if they were incurred during the relationship.
If you’re unmarried and do not fall into the CIR classification, you have little rights.
What Are Your Rights If You Are Living Together and Not Married?
If you’re in a CIR, you know your rights already. Washington may recognize common law marriages from another state, too. If one partner is 62 or older, you have a right to register as a domestic partner.
Outside of these certain laws, you do not have many rights when you’re in a relationship with someone else.
For example, if you were living together for a year and you separate, you have “separate property,” which means each respective party owns it. Imagine if your partner purchased a home and you’re not on the deed and have only been together for a short time. You will not have a right to thatproperty.
Long-term relationships are always risky if you do not have a formal agreement or marriage in place. You may never have to deal with the consequences, but if you separate, you may.
A cohabitation agreement can help you live together with someone you’re not married to and still enjoy many of the benefits of a married couple. Your agreement also eliminates the interpretation of the law, as seen with a CIR.
What Is a Cohabitation Agreement?
In Washington State, a cohabitation agreement is a legally binding contract that outlines financial obligations and other arrangements for unmarried couples sharing a home.
Typically, these agreements cover:
- Property and income accumulated throughout the relationship
- How to handle property and debt division upon death or separation
- Property or inheritances acquired prior to or during the relationship
- Methods for dispute resolution
Cohabitation agreements can benefit unmarried couples who want to protect their assets and finances while living together.
While you can sign this type of contract at any time during your relationship, it’s ideal to consider drawing up an agreement before you move in together.
Informal cohabitation agreements may not be enforceable in Washington. Having a formal, written agreement can help ensure that your wishes are met if you decide to separate or one of you passes away.
How Do Cohabitation Agreements Work in Washington State?
A cohabitation agreement is similar to a prenuptial agreement. It allows both parties to protect assets and address a number of issues if they decide to part ways.
Cohabitation agreements can outline:
- How joint and separate bank accounts will be divided
- Liability for the debts you share
- How expenses will be divided
- Household duties and rights for each party
- How children will be financially supported
- What will happen to your co-owned home if you separate
- How property will be acquired, controlled and disposed of
- Whether one party will financially support the other in case of separation
If the agreement contains all the proper disclosures and both parties have signed and notarized the document, the contract will be legally binding and enforceable by law.
Every couple is different and has unique needs, and your contract should reflect them. An experienced family law attorney can help draft an agreement that covers all of your bases and is legally binding.
An attorney can also help you update your agreement as needed. Cohabitation agreements should be revisited and updated regularly, especially when you experience significant life changes.
How Can an Attorney Help You Draft a Cohabitation Agreement That Works for You?
Cohabitation agreements allow couples to come to an agreement on several issues that may arise if they decide to separate. Deciding on these issues now, while everyone has a clear mind, can help prevent conflict in the future.
An attorney can help ensure that your agreement is drafted properly and covers all of your unique needs.
At ZafiroLaw, we know that cohabitation agreements can be complex, and that one simple error can render the contract unenforceable. Our experienced family law attorneys are here to help guide you through the process.
Contact us today or call us at 206-547-9906 to schedule a consultation.
