The Doctrine of Meretricious Relationships, also referred to as the Law of Committed Intimate Relationships, is an equitable doctrine which has been applied in situations where a couple has lived in a committed intimate relationship for a significant time and has acquired property. The Doctrine takes into consideration the couple’s relationship as a factor for the division of property, even when they have not married. Our Courts have only applied this Doctrine to community property, not other benefits and privileges that arise during a marriage. (Property acquired jointly during a marriage is community property. Each spouse has an undivided interest in the couple’s community property.)

Our Supreme Court explicated factors which help establish whether a meretricious relationship exists or not. They include (a) continuous cohabitation; (b) duration of the relationship; (c) purpose of relationship; (d) pooling of resources; and (e) services for joint projects. In re Marriage of Pennington (2000).

In Olver v. Fowler (Docket No. 78321-7 2007), the Supreme Court addressed whether this Doctrine could be applied when two committed intimate partners die, leaving joint property as part of their intestate. (Persons dying without a Will are deemed to have died intestate.)

The Court held that the Doctrine can be applied in this instance. Thus, like the concept of community property, property acquired during the course of the intimate relationship can be equitably divided equally between the couple’s estates, regardless of whether the property was titled in one person’s name alone.

DISCLAIMER: This Article is not intended as legal advice. It is merely purposed to provide an overview of a particular legal issue. This information should not be relied upon nor serve as a substitute for legal advice. You should seek competent legal counsel for advisement for any of the issues raised herein.