Legal Question in Family Law in Washington

Re: legal marriage

Based on the information you have provided, I think so, but I can not make a conclusive statement. CHILES v. KAIL,34 Wn.2d 600, 208 P.2d 1198 (1949) addresses the limitations on actions for annullment (before Washington law changed that process to Declaration of Invalidity). I would expect but could not assure you that a court would consider your marriage a valid marriage. I base this on you have known about the defect for more than three years and the infirmity has ceased (he's over 18). There is the possibility that you have a common law marriage, although there is no common law marriage in Washington, unless you effected one in a state that recognizes common law marriage and then moved to Washington. If you have any lingering concerns the simplest solution may be for you to apply for a marriage license and have a ceremony and register the marriage and then execute a community property agreement.

Re: legal marriage

If your husband had immediately acted to get out of the marriage when he turned eighteen (twenty four years ago) perhaps this would have a different result. But having failed to do that, and with an otherwise valid marriage, I'd say you are married.

I'd also be very careful with community property agreements, and each of you should have independent counsel before signing one.

Elizabeth Powell