Editor’s note: This post was originally published in 2009, shortly after Washington first created registered domestic partnerships. It has been rewritten to reflect the program as it exists today — now limited to couples where at least one partner is 62 or older — and what it means for a home purchase, refinance, or mortgage.
Washington still offers registered domestic partnerships today — but the program looks very different than when it started. Since 2014, new registrations are only available to couples where at least one partner is 62 or older. That’s not an oversight; it’s deliberate. Marriage is legally available to everyone in Washington now, but remarrying later in life can put Social Security survivor benefits or pension benefits at risk for some couples. A registered domestic partnership gives those couples the same legal treatment as marriage under Washington State law, without triggering that federal benefits issue.
If that’s you — or you’re already in a registered domestic partnership — here’s what it means when you’re buying, refinancing, or otherwise financing a home.
Domestic partners are treated the same as married spouses
Under Washington law (RCW 26.60), state registered domestic partners are granted the same rights, privileges, and responsibilities as married spouses for every purpose under state law — including real estate and community property. That means if you’re in a registered domestic partnership and you or your partner owns or is buying real estate, you’re subject to the same community property rules as a married couple.
The practical impact: neither partner can sell, convey, or encumber real property without the other partner’s consent — even if only one partner is on title, and even if only one partner is on the mortgage.
What this means for a purchase or refinance
This comes up more often than you’d think, and usually at an inconvenient moment — midway through a refinance or purchase, once the title company runs its search and discovers a registered partnership that wasn’t mentioned on the application.
If you’re in a registered domestic partnership and only one of you is applying for the mortgage, your partner will typically need to either:
- Be added to the loan application and mortgage, or
- Sign a quit claim deed and other closing documents acknowledging the transaction, even though they’re not on the loan
Either way, this needs to be sorted out early — not discovered by the title company partway through your transaction. Tell your loan officer and your real estate agent about your registered domestic partnership status at the very start of the process, the same way you would if you were married. Please seek legal counsel before signing any documents that may affect your ownership rights or your partner’s.
If you’re 62+ and weighing domestic partnership vs. marriage
This decision usually comes up alongside other retirement and housing planning — downsizing, aging in place, or tapping home equity. If you’re exploring those options too, I’ve written more broadly about what’s available to Washington homeowners as they age:
Read: Aging in Place in Washington: Homeowners Have Options
Read: Retirement Mortgages: First Lien HELOCs, Reverse Mortgages & More
And for the mechanics of how title and escrow handle a transaction like this, see:
Read: What Is Title Insurance? Owners vs. Lenders Policy Explained
I’m not an attorney, and whether a registered domestic partnership or marriage is the better fit for your situation is ultimately a legal and financial planning question — but I’m happy to help you think through the mortgage side of it, and to make sure your loan and title work reflect your actual circumstances.
Frequently Asked Questions
Can anyone register a domestic partnership in Washington? No. Since 2014, new registered domestic partnerships are only available where at least one partner is 62 or older. Couples under 62 no longer have this option — marriage is the only path to spousal-equivalent legal treatment in Washington today.
Why does the age 62 cutoff exist? It’s tied to Social Security and pension rules. Remarrying at 62 or older can sometimes reduce or eliminate a surviving spouse’s benefits. A registered domestic partnership gives couples the same legal rights as marriage under Washington State law without triggering that federal benefits issue.
Are registered domestic partners treated the same as married couples for real estate? Yes. Washington law grants registered domestic partners the same rights and responsibilities as married spouses, including community property treatment of real estate acquired during the partnership.
If I’m in a registered domestic partnership, can I buy or refinance a home without my partner’s involvement? Not without your partner’s consent. Even if only one partner is on title or on the mortgage, Washington’s community property rules mean neither partner can sell, convey, or encumber real property without the other’s consent.
What happens if I don’t disclose my registered domestic partnership during a mortgage application? Title companies routinely discover registered partnerships during their standard title search, even if it wasn’t disclosed on the loan application. It’s simpler, and avoids delays, to disclose your partnership status to your loan officer and real estate agent upfront.
Last reviewed: July 2026
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