Living Together Is Not Marriage
RCW 26.04.140 — a license first, then a declaration before an officiant and two witnesses
In Washington, before any persons can be joined in marriage, they procure a license from a county auditor. Living together does not stand in for the license or the ceremony.
A declaration and two witnesses. No particular form is required, but the parties declare, in the presence of the official solemnizing the marriage and of at least two attending witnesses, that they take each other to be spouses.
Who may solemnize. Justices and judges of the state and federal courts, court commissioners, judges of courts of limited jurisdiction, tribal court judges of a federally recognized tribe, and any licensed or ordained minister, priest, imam, rabbi or similar official of a religious organization, active or retired.
| The assumption | What the law actually does |
|---|---|
| The assumptionLiving together for years makes a common-law marriage | What the law actually doesA license, then a declaration before an authorized officiant and two witnesses |
| The assumptionAny friend can officiate | What the law actually doesThe statute names the judges, commissioners and religious officials who may solemnize |
The property rules courts apply to unmarried partners, and a marriage validly made in another place, are not on this page. What a particular situation carries is a question for a licensed Washington attorney.
Sources for this section (3)
- RCW 26.04.140 — Marriage license
- RCW 26.04.050 — Who may solemnize
- RCW 26.04.070 — Form of solemnization
Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Washington attorney.