By Sally Lanham

Common law marriage is not recognized in the State of Washington but the courts have used its equitable powers to grant relief to those in meretricious relationships (long term marital like relationships). Washington is also a community property state. This particular combination of legal principles gives our courts the ability to make decisions other courts are not allowed to make. Here is a recent case that came to my attention.

A couple lived for the majority of their "relationship" life between Virginia and Las Vegas. She lived originally in Washington State and they both visited often. The man was and remains very wealthy. The woman had a job and was self supporting when they met. He courted and wooed her for more than 18 months making frequent trips to Washington State and finally convincing her to join his life in Virginia. While they remained engaged, they never seemed to find a good time for a wedding.

She was actively involved in his work, his life, and his company. She consulted on hiring and firing, entertained clients and colleagues, and helped host large events at major professional conferences. He made multiple promises to her and her family about everything that he was going to do. He gave her a large ring, expensive cars, and significant spending allowance. She managed the homes and grounds taking care of the maintenance, the improvements, the decorating; cooked, and cleaned; and helped with his children from a prior marriage.

Then one Friday he came home and told her she had 48 hours to leave the home. The end.

She left and has nothing but a ring she can't sell, a car that is not here and he is claiming, and 10 years of a life that is gone with no way to currently support herself.

Virginia is neither a common law state nor a community property state. It has recently also added an amendment to its constitution. The amendment ratified November 7, 2006, and effective January 1, 2007, added a new section (15-A).

Section 15-A. Marriage.

That only a union between one man and one woman may be a marriage valid in or recognized by this Commonwealth and its political subdivisions. This Commonwealth and its political subdivisions shall not create or recognize a legal status for relationships of unmarried individuals that intends to approximate the design, qualities, significance, or effects of marriage. Nor shall this Commonwealth or its political subdivisions create or recognize another union, partnership, or other legal status to which is assigned the rights, benefits, obligations, qualities, or effects of marriage.

The courts in Virginia have not addressed the situation above but many believe the woman has no action even in equity to argue that she should have more to show for 10 years than a ring.

Sally Lanham received her law degree from the University of Idaho (JD 1985), where her honors included: Academic Member of the Idaho Law Review, Summer Editor of the Law Review, American Jurisprudence Award for Property, Founding Member of the Delta Theta Phi Legal Fraternity. She earlier received her undergraduate degree from Central Michigan University (B.S. 1977). Sally also speaks Spanish.