[WSBARP] Marriage application filed, but no certificate

[Eric Nelsen]

What matters is whether they went through an actual marriage ceremony with the appropriate number of witnesses and an officiant. RCW 26.04.070<http://app.leg.wa.gov/RCW/default.aspx?cite=26.04&full=true#26.04.070>. If they did that in good faith, then they are married regardless of whether or not a certificate was filed or even an application was made for one. Improper application or certificate and other procedural defects do not invalidate a marriage. Instead, the penalty is on the officiant at the ceremony, or possibly on the parties but not in terms of invalidating marriage (unless it was not permitted for some other reason, such as being under the age of 17, or consent obtained by force or fraud, etc.).

If there is no ceremony, then they likely are just in a committed intimate relationship (CIR), as Kerry pointed out. In that case, upon death of one partner, the survivor is entitled to a "fair and equitable" division of all property accumulated during the relationship – it is not a 50-50 split necessarily, but "fair and equitable" analogous to a divorce. Keep in mind, though, that it only affects property accumulated during the relationship; it does not affect what would otherwise be considered the decedent's "separate property" had they been married.

Then, the survivor gets the "fair and equitable" share of the property, and the decedent's share devolves pursuant to inheritance law. The survivor is not considered a surviving spouse for purposes of inheritance. Peffley-Warner v. Bowen, 113 Wn.2d 243, 253, 778 P.2d 1022 (1989).

Sincerely,

Eric

Eric C. Nelsen
SAYRE LAW OFFICES, PLLC
1417 31st Ave South
Seattle WA  98144-3909
phone 206-625-0092
fax 206-625-9040

Please Note that We Have Moved. We have moved our Seattle office to Mount Baker Ridge (a small commercial community just above the I-90 tunnel). Our new address is 1417 31st Avenue South, Seattle WA 98144. All other contact information remains the same.

From: wsbarp-bounces at lists.wsbarppt.com [mailto:wsbarp-bounces at lists.wsbarppt.com] On Behalf Of rdafg
Sent: Thursday, September 01, 2016 9:23 AM
To: wsbarp at lists.wsbarppt.com
Subject: [WSBARP] Marriage application filed, but no certificate


As relates to intestacy, if a man and a woman who have lived together for 10 years file an application for a marriage license in King County, but never file the certificate of marriage, would the woman be entitled to treatment as a surviving spouse?

The man and woman did ultimately live together for approximately 20 years before he died although they signed documents as single or married as was convenient under the circumstances (i.e., sometimes they filled out documents saying they were single, other times, they represented they were married). She's now trying to prevent the man's biological children from getting anything from his estate.
Thanks,
Anthony


--

Anthony F. Gibbs

Gibbs Law Offices

15600 Redmond Way, Ste 101

Redmond, WA 98052

PHONE: 206-734-4374

CELL: 307-220-8303

FAX: 206-971-5053

gibbslawoffices at gmail.com<mailto:gibbslawoffices at gmail.com>

www.gibbslawoffices.com<http://www.gibbslawoffices.com>



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