The Judge Rules on the 'Common Law' Marriage
A King County court recognizes a union without a formal ceremony, sparking debate over the legal definition of marriage.
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Judge Lichtenberg of King County ruled Friday in a dispute over the settlement of the estate of H. C. McLaughin that in this state there may be a marriage under the common law without any formal solemnization of the union. The woman claiming to be McLaughlin’s widow had been married in 1887 while she had a husband living. She afterward secured a divorce from her first husband and continued to live with McLaughlin, although no other marriage ceremony was ever performed. They were commonly believed to be man and wife. Norman P. Hesseltine, the attorney representing McLaughlin’s daughter, argued against the claim, citing a statute that prescribes exactly how marriages must be solemnized. Judge Lichtenberg disagreed, noting that in the absence of a statute specifically requiring ceremony, the court must revert to common law. Following this ruling, the court granted the widow’s petition to have Pontius appointed administrator of the estate, though the case will likely be appealed to the supreme court.
“Judge Lichtenberg, however, construed the law differently, holding that in the absence of a statute clearly requiring solemnization the right must be obtained by reverting to the existing law.”
Common-law marriage was a frequent point of contention in 19th-century courts, often determining who held inheritance rights in a society where property was heavily tied to formal unions. Today, Washington State does not recognize common-law marriages formed within its borders, illustrating how the legal architecture surrounding family and property remains a shifting, often exclusionary, target.
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