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Cohabiting With Property In Washington: Washington's Committed Intimate Relationship Doctrine, Tom Andrews
Cohabiting With Property In Washington: Washington's Committed Intimate Relationship Doctrine, Tom Andrews
Articles
Washington has followed a community property system since at least 1869—twenty years prior to statehood. However, Washington rejected the doctrine of common law marriage quite early in 1892. For over one hundred years, in order to receive the advantages of the community property laws, a Washington couple has needed to have their relationship blessed with a ceremonial marriage or have a valid common law marriage in another state.
Accompanying these requirements for the formal establishment of a community property regime was the so-called "Creasman Presumption," which provided that "property acquired by a man and a woman not married to each …
Backdating Marriage, Peter Nicolas
Backdating Marriage, Peter Nicolas
Articles
Many same-sex couples have been in committed relationships for years, even decades. Yet until 2004 no same-sex couples in the United States had the right to marry in any state and until the U.S. Supreme Court's 2015 decision in Obergefell v. Hodges the right was unavailable to same-sex couples nationwide. Due to this longstanding denial of the right to marry, most same-sex relationships appear artificially short when measured solely by reference to the couple's civil marriage date.
This circumstance has important legal consequences for many same-sex couples, as a number of rights associated with marriage are tied not merely to …