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University of Washington School of Law

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Cohabiting With Property In Washington: Washington's Committed Intimate Relationship Doctrine, Tom Andrews Jan 2017

Cohabiting With Property In Washington: Washington's Committed Intimate Relationship Doctrine, Tom Andrews

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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 …