Common Law Marriage in West Virginia
State-specific overview · Family Law
West Virginia recognizes common law marriage if the couple cohabits, intends to marry, and holds themselves out as married.
How West Virginia treats Common Law Marriage
West Virginia permits common law marriage without a formal ceremony or license. The couple must live together, mutually agree to be married, and represent themselves to the public as husband and wife. No specific duration of cohabitation is required by statute; courts examine the totality of circumstances. A common law marriage in West Virginia has the same legal effect as a ceremonial marriage, including rights to property division and survivor benefits.
The general definition of Common Law Marriage
A marriage created by mutual agreement and cohabitation, without a formal ceremony or license.
Common law marriage is a legal marriage that exists without a wedding ceremony or marriage license, based simply on a couple's agreement to be married and their living together as spouses. Not all states recognize it, but those that do treat common law marriages the same as formal ones for purposes of property division, inheritance, and divorce. The couple must meet specific requirements, like living together for a certain period and presenting themselves publicly as married.
Read the full Common Law Marriage entry →This page is a plain-English reference and is not legal advice. State laws change frequently. For specific situations consult a licensed attorney in West Virginia.