[WSBAPT] QUESTION ON COMMON LAW MARRIAGE AND INTESTATE PROBATE

Sat Apr 26 07:04:16 PDT 2025

 Nice summary.  Thank you Dalynne.

Mark C. McClure

*Managing Attorney *Law Office of Mark McClure, PS

*"Why Retire With Debt?"*1103 West Meeker Street, #101
Kent, WA 98032
Office:  253.631.6484
Email: Mark at McClureLawGroup.com

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On Sat, Apr 26, 2025, 5:50 AM Dalynne Singleton <dalynne at glgmail.com> wrote:

> The SEA is not available to this person.  For the little amount of money,
> it would not be worth filing unless there are additional assets.
>
> The CIR claim is available for those that meet some factors.  According
> to Washington caselaw, a CIR is defined as a stable, marital-like
> relationship in which both parties live together with knowledge that a
> lawful marriage doesn’t exist.  Marriage of Pennington.  Someone trying
> to prove a CIR existed must provide evidence regarding the following five
> factors.   The courts require consideration of each factor, with no one
> factor being conclusive.  Cohabitation is important and to be considered
> with your facts:
>
> 1.            Continuous cohabitation:
>
> o             Sporadic cohabitation – instances where parties did not
> live together continuously will count against this. Pennington
>
> o             Periods of separation –the court will look at the ratio of
> months apart / months together. In re Long and Fregeau.
>
> o             The court will also consider disputes and inconsistencies
> in the dates of cohabitation to make a CIR less likely. Byerley v. Cail.
>
> 2.            Duration of relationship – relationship not of sufficient
> duration to be considered stable and marital-like.
>
> 3.            Purpose of relationship – parties did not intend to “build
> a life together” in the marital sense.
>
>
> 4.            Pooling of resources and services for joint projects
> (continuous pooling is necessary – Pennington at 604-5).
>
> o             An oral agreement to keep incomes and property separate, if
> performed, can rebut the presumption that property acquired during the
> relationship is community-like. In re G.W.-F., 170 Wash.App. 631, 638-39
> (2012).
>
> o             Must establish with clear and convincing evidence the
> existence of the agreement, and that the parties mutually observed the
> terms of the agreement throughout the relationship. In re G.W.-F. at 638.
>
> o             If parties only commingled resources for living expenses,
> that can be used to undermine CIR claim as it is not pooling resources like
> a married couple. Chesterfield v. Nash, 96 Wash.App. 103 (1999)
>
> 5.            Intent of the parties (one party’s refusal to marry,
> coupled with another party’s intent on marriage, does not support the
> existence of a mutual intent to live in a committed intimate relationship –
> Pennington at 604).
>
> o             Wish to treat the other for all purposes as if they are
> spouses – Rinaldi at *7.
>
> o             Mutual intent
>
> A TEDRA can be filed and the court will examine all of the facts (through
> testimony and documents, etc.) in each case.  The girlfriend had the
> burden of proving a CIR.  However, once she provides clear and convincing
> evidence of the existence of a CIR, the PR would have the burden of proving
> the CIR didn’t exist.  The clear and convincing standard is a very high
> burden of proof.
>
> *Dalynne Singleton*
>
> *Dalynne Singleton*
>
> *Gourley Law Group*
>
> *Snohomish Escrow/The Exchange Connection*
>
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>
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>
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>
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>
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>
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> you would like to set a consultation, please call/email one my paralegals
> Valerie valerie at glgmail.com, Kelly kelly at glgmail.com, or Theresa
> theresa at glgmail.com.  My co-counsel is Attorney Spencer Clower with
> paralegal, Kristin Jacobs, for Estate litigation (spencer at glgmail.com
> kristin at glgmail.com) & Carrie Ulrich and Candace Wilkerson, co-counsel in
> probate (carrie at glgmail.com and candace at glgmail.com ).
>
>
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> *From:* wsbapt-bounces at lists.wsbarppt.com <
> wsbapt-bounces at lists.wsbarppt.com> *On Behalf Of *Fern Herbert
> *Sent:* Friday, April 25, 2025 2:18 PM
> *To:* wsbapt at lists.wsbarppt.com
> *Subject:* [WSBAPT] QUESTION ON COMMON LAW MARRIAGE AND INTESTATE PROBATE
> *Importance:* High
>
>
>
> Hello Listmates,
>
>
>
> Client's partner of 20 years, 6 of them living together, died intestate.
> No official domestic partnership. Assets of about $67 in the bank. Does he
> have any right to claim in a Small Estate Affidavit under the common law,
> or will this just escheat to the state?
>
>
>
> Any thoughts are welcome...
>
>
>
>
>
> *Fern Herbert*
>
> Managing Attorney
>
> *Zenith Law Group, PLLC*
>
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