In Washington State, real property division can be complex for unmarried couples, especially when their relationship ends and they need to divide shared property. While married couples are covered under community property laws, unmarried couples may need to rely on the legal concept of a Committed Intimate Relationship (CIR). But what if you do not meet the CIR requirements? Read on things to consider a partition action. 

In this blog, we will explore what happens when unmarried couples in Washington State do not qualify for a CIR but have real property that needs to be divided. We’ll dive into what a motion for partition is, when it is necessary, and how to navigate this legal process.

What is a Committed Intimate Relationship (CIR)?

A detailed explanation of what CIR is found here. A Committed Intimate Relationship, previously referred to as a “meretricious relationship” in Washington, is a legally recognized relationship between two unmarried individuals who live together in a marriage-like way. When a CIR is established, the courts can help divide real property acquired during the relationship similarly to how they would for a married couple. However, not every relationship qualifies as a CIR.

Separate Read: What Are Legal Options for Separation of Unmarried Couples in Washington State

To determine if a CIR exists, courts consider several factors, including:

  1. Length of the Relationship: How long you have been together.
  2. Continuous Cohabitation: Whether the couple has lived together continuously.
  3. Intent of the Parties: Whether the parties intended to function as a couple.
  4. Pooling of Resources: Whether there was financial interdependence or shared assets.
  5. Purpose of the Relationship: Whether the couple’s relationship was long-term and significant.

If a couple does not meet these criteria, they will not be able to rely on CIR laws to divide real property.

What Happens If You Don’t Meet CIR Requirements?

For unmarried couples who do not qualify for a CIR but own real property together, property division becomes a more complicated process. Washington courts treat this situation differently because the property isn’t presumed to be jointly owned as it would be in a CIR or a marriage. In this scenario, a motion for partition is often the solution.

What is a Motion for Partition?

A motion for partition is a legal process used to divide real property (such as a home or land) among co-owners. This action can be necessary when:

  • An unmarried couple jointly owns a property but can’t agree on how to divide it.
  • One party wants to sell the property, but the other doesn’t.
  • The couple has no agreement in place regarding property division.

The partition process allows one or both parties to ask the court to physically divide the property or, if that’s not feasible, sell it and distribute the proceeds according to ownership interests.

When Should You Consider Filing a Motion for Partition?

If you and your partner have ended your relationship and are unable to agree on how to handle shared property, filing a motion for partition may be your best option. This can include cases where:

  • One party wishes to remain in the property, but the other wants to sell.
  • There is disagreement about how to value or divide the property.
  • The couple owns multiple properties and wants to ensure a fair division.

How Does the Partition Process Work?

The partition process generally involves the following steps:

  1. Filing the Partition Action: The first step is filing a complaint for partition with the court. This document outlines your ownership interest in the real property and requests that the court divide or sell the property.
  2. Valuation of the Property: The real property may need to be appraised to determine its current market value. This valuation will guide how the property should be divided or sold.
  3. Court’s Decision: The court can decide to either physically divide the property (if possible) or order it to be sold. If the property is sold, the proceeds will be divided according to each party’s ownership share.
  4. Distribution of Proceeds: Once the property is sold, the court distributes the proceeds after considering contributions, ownership percentages, and any relevant expenses or debts related to the property.

Pros and Cons of Filing a Motion for Partition

Before filing a motion for partition, it’s important to weigh the pros and cons.

Pros:

  • Provides a legal resolution when couples cannot agree.
  • Ensures that the real property is fairly divided or sold based on legal ownership interests.
  • Avoids long-term disputes that can tie up property indefinitely.

Cons:

  • The process can be costly and time-consuming.
  • Selling a real property you don’t want to sell can be emotionally difficult.
  • The outcome is decided by the court, which may not align with either party’s preferences.

Tips for Unmarried Couples to Avoid Property Disputes

To prevent real property disputes, consider taking the following steps before or during your relationship:

  1. Create a Cohabitation Agreement: A cohabitation agreement can specify how property will be divided if the relationship ends, regardless of whether you qualify for a CIR.
  2. Maintain Separate Finances for Non-Joint Purchases: Avoid pooling resources for properties or other significant assets if you’re not ready to commit to shared ownership.
  3. Keep Records of Contributions: Keep a clear record of who has contributed what to property expenses, down payments, and other costs to prove your ownership interest.
  4. Consult with an Attorney: If you have questions about property ownership, speak with a family law attorney early to avoid complications later.

Seek Legal Advice

Soriano Law LLC has a FREE consultation so a party may be able to learn more and consider some options. Consulting with an attorney experienced in family law can provide valuable guidance. An attorney can help draft agreements, represent you in negotiations, and advocate for your interests in court if necessary.

Ultimately, navigating real property division issues for unmarried couples in Washington State requires careful consideration of the specific circumstances involved and may benefit from legal guidance to ensure a fair and equitable resolution. Call us now at (360) 249-6174 or email ron@sorianolawllc.com