astraea/books/committed-relationships.md

# Committed Intimate Relationships (CIRs) in Washington State

For educational purposes only — not legal advice.

This book explains Washington's judge-made law of committed intimate relationships: what a CIR is, how courts decide one exists, how property is divided when one ends, and how a CIR differs from marriage. "Committed intimate relationship" (CIR) and the older term "meretricious relationship" describe the same doctrine.

## What Is a Committed Intimate Relationship?

A CIR is "a stable, marital-like relationship where both parties cohabit with knowledge that a lawful marriage between them does not exist" (Connell v. Francisco, 127 Wn.2d 339, 346, 898 P.2d 831 (1995), quoting In re Marriage of Lindsey, 101 Wn.2d 299, 304, 678 P.2d 328 (1984)).

The doctrine grew out of In re Marriage of Lindsey, 101 Wn.2d 299, 678 P.2d 328 (1984). Before Lindsey, property acquired while living together unmarried was presumed to belong to whoever held title — the "Creasman presumption" (Creasman v. Boyle, 31 Wn.2d 345, 196 P.2d 835 (1948)). Courts carved out exceptions (implied partnership, constructive trust, tracing) to avoid unfair results (In re Marriage of Pennington, 142 Wn.2d 592, 599-600, 14 P.3d 764 (2000)). Lindsey overruled Creasman and required courts to "examine the relationship and the property accumulations and make a just and equitable disposition of the property" (Lindsey, 101 Wn.2d at 304, quoting Latham v. Hennessey, 87 Wn.2d 550, 554, 554 P.2d 1057 (1976)). Connell v. Francisco then set out the modern framework.

For decades courts called these relationships "meretricious." In Olver v. Fowler, 161 Wn.2d 655, 657 n.1, 168 P.3d 348 (2007), the Supreme Court recognized the term's negative connotation and substituted "committed intimate relationship," which "accurately describes the status of the parties and is less derogatory" (citing Peffley-Warner v. Bowen, 113 Wn.2d 243, 247 n.5, 778 P.2d 1022 (1989)). Some appellate courts also use the neutral phrase "equity relationship" (In re Meretricious Relationship of Long, 158 Wn. App. 919, 922-25, 244 P.3d 26 (2010); In re Domestic Partnership of Walsh, 183 Wn. App. 830, 834 n.1, 335 P.3d 984 (2014)).

## This Is Judge-Made (Case) Law, Not Statute

There is no RCW chapter that creates or defines committed intimate relationships. The doctrine is "a judicial one," developed "in the absence of" statute (Olver v. Fowler, 161 Wn.2d 655, 671 (2007) (Sanders, J., dissenting)). It is a line of Washington Supreme Court and Court of Appeals decisions, mainly Lindsey (1984), Connell (1995), Pennington (2000), and Olver (2007).

What the legislature has done is different: it wrote marriage law and, in 2008, extended community-property rules to state-registered domestic partnerships (RCW 26.16.030; Laws of 2008, ch. 6, § 604, discussed in Walsh, 183 Wn. App. at 845). The marriage dissolution statute, RCW 26.09.080, applies "in a proceeding for dissolution of the marriage or domestic partnership" — by its terms it does not cover unmarried cohabitants. Courts use RCW 26.09.080 and the separate/community definitions in RCW 26.16.010-.030 only "by analogy" (Connell, 127 Wn.2d at 351). Because the doctrine is judge-made, it can change with new Supreme Court decisions.

## How Courts Decide a CIR Existed: The Connell Factors

Connell set out five non-exclusive factors for deciding whether a relationship is a CIR: (1) continuous cohabitation, (2) duration of the relationship, (3) purpose of the relationship, (4) pooling of resources and services for joint projects, and (5) the intent of the parties (Connell, 127 Wn.2d at 346; Pennington, 142 Wn.2d at 601-05). Later courts repeat the same five factors (In re Kelly, 170 Wn. App. 722, 733 (2012); Muridan v. Redl, No. 49436-1-II, 413 P.3d 1072 (Wash. Ct. App. Mar. 27, 2018)).

Key rules about the factors:

- No single factor decides the case, and the list is not exhaustive (Pennington, 142 Wn.2d at 602).
- The factors must not be applied in a "hypertechnical" way; each case turns on its own facts (Muridan, slip op.; Long, 158 Wn. App. at 926).
- A relationship does not have to be "long term" to qualify, but duration is "a significant factor" (Connell, 127 Wn.2d at 346). A short relationship can qualify only if several substantial factors are present (Lindsey, 101 Wn.2d at 304-05).
- In Pennington, the Supreme Court rejected CIR claims in both consolidated cases: one relationship had sporadic cohabitation, gaps in shared expenses, and one partner married to someone else for years; the other had equivocal intent and little pooling (Pennington, 142 Wn.2d at 603-05).
- The doctrine applies to same-sex couples. The Court of Appeals "h[e]ld that the meretricious relationship doctrine should be extended to same-sex couples" in Gormley v. Robertson, 120 Wn. App. 31, 83 P.3d 1042 (2004) (the Supreme Court in Vasquez v. Hawthorne, 145 Wn.2d 103, 33 P.3d 735 (2001), had vacated and remanded a same-sex case on the record, without deciding the merits).
- The doctrine can even apply after both partners die, to divide assets between their estates (Olver, 161 Wn.2d at 657).

Evidence that supports a CIR finding includes: living together continuously, children born or raised together, engagement, shared bank accounts, joint projects, holding out as a family, and naming each other in wills or as insurance beneficiaries (see Connell, 127 Wn.2d at 343-45; Muridan, slip op.).

## Dividing Property When a CIR Ends

Once a court finds a CIR, it evaluates each party's interest in property acquired during the relationship and makes a just and equitable division (Connell, 127 Wn.2d at 349). The critical rules:

- Only property acquired during the relationship is before the court. Property each partner owned before the relationship — and property received during it by gift or inheritance, with its rents and profits — stays with its owner (Connell, 127 Wn.2d at 350-51, applying the definitions in RCW 26.16.010-.030 by analogy).
- All property acquired during the relationship is presumed owned by both partners, regardless of whose name is on the title. The presumption can be rebutted with evidence that the asset was bought with separate-property funds (Connell, 127 Wn.2d at 351-52).
- The division must be "just and equitable," not necessarily 50/50 (Pennington, 142 Wn.2d at 602; Koher v. Morgan, 93 Wn. App. 398, 968 P.2d 920 (1998)).
- A partner's labor is treated like a community asset: earnings during the relationship are relationship property (Koher, 93 Wn. App. at 402).
- If relationship funds or labor increase the value of one partner's separate property, the relationship may be entitled to reimbursement for those contributions (Connell, 127 Wn.2d at 352; In re Marriage of Lindemann, 92 Wn. App. 64, 70, 960 P.2d 966 (1998); Walsh, 183 Wn. App. at 842).
- Reviewing courts defer to the trial court: whether a CIR existed is reviewed de novo, but the property division is reviewed for abuse of discretion (Muridan, slip op.; Byerley v. Cail, 183 Wn. App. 677, 684-85, 334 P.3d 108 (2014)).
- In Muridan, a couple who never married but lived together over six years, had a child, and tried IVF together was found to be in a CIR; assets acquired during the relationship, including an interest in a marijuana business, were divided as "community-like" property (Muridan, slip op.).

The unjust-enrichment idea drives the whole doctrine: the point is to prevent one partner from keeping everything at the end of the relationship (Pennington, 142 Wn.2d at 602; see also In re Estate of Borghi, 167 Wn.2d 480, 483-84, 219 P.3d 932 (2009)).

## No Palimony and No Maintenance for Unmarried Partners

Washington does not recognize "palimony" — court-ordered support for an unmarried ex-partner. Maintenance is a statutory remedy limited to dissolution of marriage or domestic partnership: RCW 26.09.090 authorizes maintenance orders "for either spouse or either domestic partner" in dissolution proceedings. In Connell, the Supreme Court stressed that a CIR "is not the same as a marriage" and that marital property laws "do not directly apply" to unmarried couples (Connell, 127 Wn.2d at 349). Courts likewise held that attorney-fee awards under RCW 26.09.140, available in dissolution actions, are not available in CIR cases (Western Community Bank v. Helmer, 48 Wn. App. 694, 699, 740 P.2d 359 (1987); Foster v. Thilges, 61 Wn. App. 880, 888, 812 P.2d 523 (1991)).

## The Three-Year Deadline to File

A claim to divide CIR property is an equitable claim governed by the three-year statute of limitations in RCW 4.16.080(3) (actions "upon a contract or liability, express or implied, which is not in writing"). The clock starts when the CIR ends, not when one partner later "ousts" the other or when a specific asset is sold. That rule comes from In re Kelly, 170 Wn. App. 722, 734 (2012), where the court held that a CIR claim "accrues when a CIR ends." Courts may also dismiss stale claims under the doctrine of laches (Kelly, 170 Wn. App. at 731). Practical rule: sue within three years of the breakup or cohabitation ending.

## Cohabitation Agreements ("Living Together Contracts")

Unmarried couples can control their own property rights by written agreement. Washington courts have long divided property under contract principles when couples made express agreements, including agreements made before or during cohabitation (Foster v. Thilges, 61 Wn. App. at 884-86; see the contract-theory exception discussed in Pennington, 142 Wn.2d at 599-600). A written agreement can decide who owns what, how expenses are shared, what happens to jointly bought items, and whether any support-like payments will be made at the end. It can also waive or limit CIR claims. Such contracts are generally enforceable like any contract, subject to ordinary defenses (fraud, duress, unconscionability) and to the statute of frauds for real property transfers. WashingtonLawHelp.org (Northwest Justice Project) publishes a plain-language guide and form called the "Living Together Contract" for unmarried partners ("Make a Living Together Contract," reviewed June 23, 2025). An agreement signed while the relationship is healthy is the most reliable way to avoid CIR litigation later.

## How a CIR Differs From Marriage

Washington does not have common-law marriage; a valid marriage requires a license and ceremony (WashingtonLawHelp.org, "Ending your relationship when you're not married," reviewed Apr. 24, 2026). A CIR is deliberately not marriage:

- Property: married couples hold community property by statute (RCW 26.16.030), and in divorce all property — community and separate — is before the court (RCW 26.09.080). In a CIR, only community-like property acquired during the relationship is divided (Connell, 127 Wn.2d at 350-51).
- Support: spouses can receive maintenance (RCW 26.09.090); CIR partners cannot.
- Inheritance: a surviving spouse inherits automatically if there is no will (RCW 11.04.015). A CIR partner has no intestate rights; the Supreme Court confirmed an unmarried partner is not a "surviving spouse" for inheritance purposes (Peffley-Warner v. Bowen, 113 Wn.2d at 250).
- Other statutory rights: unmarried cohabitants are not "spouses" for unemployment marital-status benefits (Davis v. Dep't of Employment Sec., 108 Wn.2d 272, 278-79, 737 P.2d 1262 (1987)), wrongful-death claims (Roe v. Ludtke Trucking, Inc., 46 Wn. App. 816, 732 P.2d 1021 (1987)), or dissolution attorney fees (Helmer, 48 Wn. App. at 699).
- Status and deadlines: marriage and registered domestic partnership (RCW 26.60) are formal, registered statuses with full statutory rights; a CIR is a fact-based equitable status with a three-year filing deadline (RCW 4.16.080(3); Kelly, 170 Wn. App. at 734). Registered domestic partners are "treated the same as married spouses" for all purposes under state law (RCW 26.60.015). There is no time limit to file for divorce; CIR claims expire three years after the relationship ends.

## Practical Takeaways

- If you lived together in a marriage-like relationship and acquired property together, you may have CIR rights even though you never married (Connell, 127 Wn.2d 339).
- Keep records: who paid for what, joint accounts, joint projects, and how you held yourselves out as a couple matter for the five Connell factors.
- Act within three years of the end of the relationship (RCW 4.16.080(3); Kelly, 170 Wn. App. 722).
- You cannot get maintenance or automatic inheritance without marriage or a registered domestic partnership.
- A written cohabitation agreement is the best way to control the outcome in advance (WashingtonLawHelp.org, "Make a Living Together Contract").
- If you jointly own real estate but never had a CIR, partition or quiet-title actions may still be available (WashingtonLawHelp.org, "Ending your relationship when you're not married").

## Key Cases at a Glance

- In re Marriage of Lindsey, 101 Wn.2d 299, 678 P.2d 328 (1984) — created the doctrine; overruled the title-holder presumption.
- Connell v. Francisco, 127 Wn.2d 339, 898 P.2d 831 (1995) — defined the relationship, listed the five factors, created the community-like presumption, limited division to relationship-acquired property.
- In re Marriage of Pennington, 142 Wn.2d 592, 14 P.3d 764 (2000) — applied the factors strictly; no CIRs found in either case.
- Gormley v. Robertson, 120 Wn. App. 31, 83 P.3d 1042 (2004) — doctrine extended to same-sex couples (after Vasquez v. Hawthorne, 145 Wn.2d 103, 33 P.3d 735 (2001), remanded without a merits ruling).
- Olver v. Fowler, 161 Wn.2d 655, 168 P.3d 348 (2007) — adopted the term "committed intimate relationship"; doctrine applied between deceased partners' estates.
- In re Kelly, 170 Wn. App. 722 (2012) — three-year statute of limitations (RCW 4.16.080(3)); claim accrues when the CIR ends.
- In re Domestic Partnership of Walsh, 183 Wn. App. 830, 335 P.3d 984 (2014) — CIR factors and the limits of the community-property analogy restated.
- Muridan v. Redl, No. 49436-1-II, 413 P.3d 1072 (Wash. Ct. App. Mar. 27, 2018) — modern application of the five factors; community-like property divided after a six-plus-year relationship.
- Peffley-Warner v. Bowen, 113 Wn.2d 243, 778 P.2d 1022 (1989) — no intestate inheritance rights for unmarried partners.

## Sources

- Washington Supreme Court and Court of Appeals opinions as cited above (full texts reviewed via CourtListener bulk data and the Washington State Courts opinion archive).
- RCW 26.09.080, 26.09.090, 26.09.140, 26.16.010-.030, 26.16.220, 26.04.010, 26.60.015, 26.60.030, 4.16.080, 11.04.015 (leg.wa.gov).
- WashingtonLawHelp.org (Northwest Justice Project): "Ending your relationship when you're not married" (reviewed Apr. 24, 2026); "Make a Living Together Contract" (reviewed June 23, 2025).
- Stokes Lawrence, "How Washington Recognizes Property Rights Between Unmarried Partners" (2023); University of Washington Law Review, "An Analysis of Cohabitant Property Rights under Connell v. Francisco" (1999).