Legal Question in Intellectual Property in Washington

liveing with someone

in washinton state if you buy a house when you are not married do you have to give the other person half of the money if you sell it. they did not make any of the house payments


Asked on 10/31/08, 5:20 am

2 Answers from Attorneys

Mason Boswell Boswell IP Law

Re: liveing with someone

This isn't an intellectual property question, so you may want to repost it under real property to see what other responses you get, but I will give it a try all the same.

Did you later become married to the person or are you still unmarried? If you never married the person, they are not generally entitled to any of the property you entered the relationship with. There is no common law marriage in Washington that would make you technically married just for living together a certain period of time. Nevertheless, courts do have some leeway to find that you owe someone you lived with something, and have done this before (particularly for same-sex couples where there is often living together and sharing of property without a formal relationship).

If you did get married, then suddenly every paycheck you get is community property (owned by both of you), and if you are making the payments with your paycheck then she is in effect paying some of the mortgage, too, even though it doesn't feel like anything changed.

If in doubt, see a family law attorney who can give you legal advice specific to your situation.

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Answered on 10/31/08, 5:31 am
Thuong-Tri Nguyen Thuong-Tri Legal Services, PLLC

Check for meretricious relationship

While WA does not allow the formation of a common law marriage within its borders, WA does have a something that used to be called the doctrine of meretricious relationship. (The courts are starting to use another name for the doctrine.)

If brief, members of a couple that lives together like a married couple can have property rights in assets in assets that would have been community properties had the members been married with each other. There are requirements for a meretricious relationship to exist.

Incidentally, the genders involved has no bearing on whether a meretricious relationship exists.

You may want to review your facts and options with your attorney.

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Answered on 11/01/08, 1:48 pm


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