Gouras & Amis P.L.L.C.

GOURAS & AMIS P.L.L.C.

Financial Information:
About Meretricious Relationship

 

Some states have statutes that provide that if parties have resided together as man and wife, even though they were not formally married, they will be treated as if they were actually married. Washington State does not have a common law marriage statute.

In the absence of any statutory authority, the courts have provided that assets and debts may be divided as if they were married under a theory called a "meretricious relationship."

The Washington State Supreme Court has clarified the requirements. In Re Pennington, 142 Wn.2d 592 (2000). A meretricious relationship is a stable relationship evidenced by such nonexclusive factors as cohabitation, duration, purpose, pooled resources, mutual services, and intent of the parties. Distribution of property acquired during a meretricious relationship is subject to a three-part test: (1) the trial court must determine whether a meretricious relationship exists; (2) if such a relationship exists, the trial court evaluates the interest each party has in the property acquired during the relationship; (3) the trial court then makes a just and equitable distribution of such property.

Unlike a divorce case, however, it is common to have to argue about whether this "meretricious relationship" existed in the first place. Competent counsel should be found early on to assess the case and prepare it for court.

 

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