Domestic Partnerships
Washington State’s Domestic Partnership law permits same-sex couples, and unmarried heterosexual couples in which at least one partner is at least 62 years of age, to register as domestic partners. Older heterosexual couples are permitted to register as domestic partners because social security and pension laws often make it impractical for these couples to marry.
Under legislation passed in 2008, Domestic Partnerships are now subject to the same community property laws that apply to married couples. From an estate planning prospective, this permits domestic partners to include a Community Property Agreement in their estate plan. Also, if a domestic partner dies without a Will, the surviving domestic partner will automatically inherit a share of the deceased partner’s estate, just like a surviving spouse would in the same situation.
Other rights of registered domestic partners include:
- Same rights as spouse to visit partner in a health care facility.
- Same rights as “immediate family member” with regard to disclosure of partner’s health care information.
- Right to assert claim for family support from deceased partner’s estate.
- Right to assert claim against deceased partner’s estate if unintentionally omitted from deceased partner’s Will.
- Same rights as surviving spouse to continue receiving a senior citizen property tax exemption previously granted to a deceased partner.
- Same rights as a spouse to compel a partner’s Attorney-in-Fact, appointed pursuant to the partner’s Durable Power of Attorney, to account for the Attorney-in-Fact’s actions.
- Automatically considered a party to any litigation over the administration of a partner’s affairs under a Durable Power of Attorney.
Both partners must share a common residence, be mentally competent adults at the time the partnership is registered, not be married or in a registered domestic partnership with anyone else, and not be nearer in kin to each other than second cousins. Also, a Domestic Partnership must be registered with the Washington Secretary of State. Registrations may be submitted by mail or in person. Domestic Partnerships registered in another state are recognized in Washington, and receive all benefits allowed in Washington. However, benefits allowed in another state that are not allowed in Washington will not be recognized here.
For additional information, including forms for registering a Domestic Partnership, visit the Washington Secretary of State.
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