§3.8 Committed Intimate Relationships

JurisdictionWashington

§3.8 COMMITTED INTIMATE RELATIONSHIPS

The Washington Supreme Court recognizes the law of committed intimate relationships to divide assets between the estates of committed partners when one or both partners are deceased. Olver v. Fowler, 161 Wn.2d 655, 671, 168 P.3d 348 (2007). Washington's common law has evolved to look beyond title of property and requires equitable distribution of property that would have been community property had the partners been married. This distribution for committed intimate relationships applies only to property that would have been community property and not to property that is separate property. In re Marriage of Byerley (Byerleyv. Cail), 183 Wn.App. 677, 685, 334 P.3d 108 (2014). The purpose for this committed intimate relationship doctrine is to protect unmarried parties who acquire property during their relationships by preventing the unjust enrichment of one at the expense of the other when the relationship ends. In re Marriage of Pennington, 142 Wn.2d 592, 602, 14 P.3d 764 (2000).

As with a marriage, each partner in a committed intimate relationship has a present, undivided interest in the property that would have been community property and, upon death of a partner...

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