Common Law Marriage in Washington
State-specific overview · Family Law
Washington does not recognize common law marriage created within the state at any time.
How Washington treats Common Law Marriage
Washington has never permitted common law marriage. A couple must obtain a marriage license and have the marriage solemnized by an authorized person to create a valid marriage. Washington will recognize a common law marriage validly established in another jurisdiction that permits it. Domestic partnerships and civil unions have different legal requirements and consequences.
The general definition of Common Law Marriage
A marriage created by mutual agreement and cohabitation, without a formal ceremony or license.
Common law marriage is a legal marriage that exists without a wedding ceremony or marriage license, based simply on a couple's agreement to be married and their living together as spouses. Not all states recognize it, but those that do treat common law marriages the same as formal ones for purposes of property division, inheritance, and divorce. The couple must meet specific requirements, like living together for a certain period and presenting themselves publicly as married.
Read the full Common Law Marriage entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in Washington.