Legal Question in Landlord & Tenant Law in Washington

living together

What are the laws concerning common law marriage in WA state? I have been living with a man for 6 years in my home. All of the household bills including the mortgage are in my name. He agreed to pay me weekly rent for his share of the bills, but he has often not paid what we agreed upon, which is $200.00 a week. He refuses to move out. What are my options?


Asked on 10/08/06, 10:10 pm

1 Answer from Attorneys

Elizabeth Powell ELizabeth Powell PS Inc

Re: living together

Washington will recognize a common law marriage when it was contracted in a state where common law marriages are recognized. One cannot become married "on accident" here, though; Washington does not recognize common law marriages contracted here.

Instead, the court recognizes what it calls a meretricious relationship, which is similar to a marriage, but without the formalities. There are factors the court will weigh to determine whether a relationship has meretricious qualities or not. (SOunds like a common law marriage, doesn't it?)

For example, the court will weigh the length of the relationship, the extent to which your finances are (or were) co-mingled, and the extent to which the two of you evidenced a common intent to be together. For example, there are plenty of people who have kids who are not married to the other parent. That's a good indication of intent.

It doesn't turn on one particular factor, but rather on the totality of the circumstances.

If a court were to determine that you were involved in a meretricious relationship, then all your separate property and all his separate property would be available for a just and equitable distribution to one or the other of you. Depending on who owns what, this is either a good deal (the division of property looks a lot like a divorce) or a bad deal. I don't have enough information in your post to tell you whether this is appropriate for you to pursue, or not.

Your other option if he refuses to leave is to treat him like a tenant, give him a 20-day notice to leave, and tell him it's over and time for him to go.

Hope this helps.

Powell

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Answered on 10/08/06, 11:29 pm


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