Scared of losing property in Washington? Read this first

Have you ever been in a long-term relationship in Washington, only to wonder about your rights if it ends? You’re not alone; many face asset division issues without the legal framework of marriage. Knowing the law is crucial to navigating these challenges. This article explores a landmark Washington Supreme Court case to guide you through resolving such disputes.

Situation

Situation Example

In Washington State, there was a legal case about two couples. The court had to decide if these couples had a relationship like a marriage, even though they weren’t legally married. This kind of relationship is called a meretricious relationship. The first couple lived in Yelm, Washington. They lived together for a long time and shared many things, just like married people do. The person who wanted to divide the property said they helped with money and housework. They thought they should get some of the shared things because they lived like a married couple. The other person, however, did not agree. They said there were times they didn’t live together and that they never really planned to be like a married couple. The court had to decide who was right.

Judgment

The court decided that the relationships did not qualify as meretricious. The court said the relationships did not show enough continuous living together and mutual intent to be like a marriage. Therefore, the court ruled that there should be no sharing of the property. The court used Case No. 67900-2 to make this decision.

Solution

Immediate Actions to Take

If you find yourself in a similar situation, the first thing to do is gather any evidence that shows you lived together in a marriage-like relationship. This can include bills with both names, photos, or anything that shows you shared a life together. It’s important to organize these documents because they will help your case if you decide to go to court. You should also think about talking to a lawyer who knows about family law in Washington. They can help you understand your rights and what steps to take next.

Filing a Complaint

If you decide to go to court, you will need to file a complaint. This is a document that tells the court why you think you should get a share of the property. You will need to explain how you contributed to the relationship and why it should be considered like a marriage. Your lawyer can help you write this document and make sure it includes all the important details. Once the complaint is ready, you will submit it to the court. This starts the legal process where the court will hear both sides and make a decision.

Negotiation and Mediation Strategies

Before going to court, it might be worth trying to negotiate with the other person. Sometimes, talking things out can lead to an agreement without needing a judge. Mediation is another option. This is where a neutral person helps both sides talk and try to reach an agreement. Mediation can be a good way to save time and money. You and the other person can agree on how to divide things like money and property in a way that feels fair to both of you. Remember, it’s always good to have a lawyer to help guide you during these talks.

FAQ

What is a meretricious relationship?

A meretricious relationship is when two people live together like a married couple but are not legally married. They share life together in a stable way, like sharing a home and responsibilities.

How is property divided in these relationships?

If a relationship is considered meretricious, property acquired during the relationship is divided fairly. The court looks at things like how long you lived together and how much you shared things like money and responsibilities.

What happens if the parties cannot agree on the division?

If you can’t agree, the court will decide how to divide the property. The court will look at your relationship and use certain rules to make a fair decision.

Does living together mean you are married?

No, living together does not mean you are married. Washington State does not recognize common-law marriages, which are informal marriages without a legal ceremony.

Can a common-law marriage from another state be recognized?

Yes, if you had a common-law marriage in a state that recognizes it, Washington will recognize it too. But, you need to prove it was valid where you lived before.

What does continuous cohabitation mean?

Continuous cohabitation means living together without big breaks. It shows that you have a stable, long-term relationship.

How do courts determine intent?

Courts look at what you and your partner did and said to see if you really intended to be like a married couple. This includes how you handled money and property together.

Can property ownership affect division?

Yes, who owns the property can matter. But if you have proof that you both contributed to it, the court might divide it differently.

What if one person was married to someone else?

If one person is married to someone else, it can complicate things. It might make it harder to prove a meretricious relationship for dividing property.

Are joint accounts necessary to prove a relationship?

Joint accounts are not necessary, but they help show that you shared resources. This can be important in proving a meretricious relationship.