West Virginia
Common Law Marriage in West Virginia: Is It Recognized? (2026)
Independently fact-checked against primary sources (last audited August 18, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 18, 2026. · 3 primary sources cited on this page. How we verify our legal content
West Virginia does not recognize common law marriage formed within the state. W. Va. Code section 48-2-101 requires a marriage license for every marriage solemnized in West Virginia, and an unlicensed marriage is void. West Virginia does, however, give full legal effect to a common law marriage validly formed in another state.
Information last verified on June 2, 2026.
Does West Virginia recognize common law marriage?
West Virginia does not allow couples to form a common law marriage within the state. W. Va. Code section 48-2-101 requires that every marriage in West Virginia be solemnized by an authorized officiant and that a valid marriage license be obtained before the ceremony. Under W. Va. Code section 48-2-101, any marriage contracted without a license is void, not merely voidable. This means that a couple living together in West Virginia, presenting themselves publicly as married, and never obtaining a license has not formed a legally recognized marriage regardless of how long they cohabit or how consistently they hold themselves out as a married couple.
West Virginia has maintained this rule throughout its history as a state. Unlike Alabama or Pennsylvania, which once recognized common law marriage and later abolished it, West Virginia never enacted a statute permitting informal marriage formation. Because no such rule ever existed in West Virginia, there is no grandfather cutoff date. A couple cannot point to any period in West Virginia history during which they could have formed a valid common law marriage within the state.
Why West Virginia has never recognized common law marriage formation
West Virginia is one of a majority of states that has always required a formal marriage license and ceremony. The legislature treated the licensing requirement as the foundation of marriage recognition rather than an optional formality. The statutory scheme under Chapter 48 of the West Virginia Code makes clear that a license is a prerequisite, not a procedural nicety.
W. Va. Code section 48-2-101 establishes the licensing requirement for all marriages performed in the state and provides that a marriage entered into without a license is void. A void marriage is treated as though it never existed; no court order is required to render it invalid, although parties often seek a judicial declaration of invalidity for practical reasons such as clearing title to property or resolving benefit eligibility.
Because West Virginia never recognized common law marriage formation, there is no equivalent of the grandfather rules that apply in states such as Alabama, where marriages formed before January 1, 2017, remain valid, or Pennsylvania, where marriages formed before January 1, 2005, remain valid. In West Virginia, a claim of a common law marriage formed within the state has no legal foundation regardless of when the relationship began.
Does West Virginia recognize a common law marriage from another state?
Yes. West Virginia gives full legal effect to a common law marriage that was validly formed in a state that permits such marriages. This recognition flows from two sources: the Full Faith and Credit Clause of the United States Constitution, which requires each state to honor the public acts, records, and judicial proceedings of every other state, and the common law principle of comity, under which courts recognize legal relationships validly created in another jurisdiction.
Practically, this means that a couple who formed a valid common law marriage in Colorado, Texas, Iowa, Kansas, Montana, Rhode Island, or the District of Columbia, and who later moved to West Virginia, retains full marital status in West Virginia. West Virginia courts and government agencies treat the couple as legally married for purposes of divorce, property division, spousal support, inheritance rights, health benefits, and all other legal incidents of marriage.
To invoke West Virginia recognition, the party asserting the marriage must show that it was valid under the law of the state where it was formed. A couple claiming a Texas informal marriage, for example, must demonstrate that they met the requirements of , including a present agreement to be married, cohabitation in Texas, and representation to others that they were married.
How to prove a common law marriage formed in another state
Because a common law marriage is formed without a license or official certificate, the party asserting the marriage bears the burden of proof. The standard and specific elements vary by the state where the marriage was formed, but courts in West Virginia evaluating a claimed out-of-state common law marriage typically review the same categories of evidence.
Evidence courts commonly consider includes:
- Joint federal and state income tax returns filed as married filing jointly or married filing separately
- Joint bank accounts, mortgage documents, lease agreements, or jointly titled real property
- Insurance policies listing the other party as a spouse or dependent
- Statements on government forms, loan applications, or credit applications identifying the relationship as a marriage
- Testimony from family members, friends, neighbors, coworkers, or clergy who knew the couple as a married pair
- Written correspondence, emails, social media posts, or other records in which the parties referred to each other as husband, wife, or spouse
- Shared surname or documented use of the other partner's last name
- Affidavits signed by both parties acknowledging the marriage
No single item is conclusive. Courts assess the totality of the relationship to determine whether the parties genuinely agreed to be married and held themselves out accordingly, as required by the law of the state where the marriage was allegedly formed.
The 7-year myth
A persistent misconception holds that living together for seven years automatically creates a common law marriage. This is false in every state in the United States. No state, including the states that still allow common law marriage formation, sets a minimum number of years of cohabitation as a requirement or as an automatic trigger for marital status.
In the states that do permit common law marriage, the requirements focus on intent and conduct: a mutual present agreement to be married, cohabitation, and public representation as a married couple. Duration of cohabitation may serve as circumstantial evidence of intent, but no threshold number of years creates a marriage by itself.
In West Virginia, this point is especially clear because the state does not recognize common law marriage formation at all. No period of cohabitation, whether two years or twenty years, creates a marriage in West Virginia without a license and a proper ceremony.
How a common law marriage ends
A valid common law marriage, wherever it was formed, can only be terminated by a formal legal divorce or the death of a spouse. There is no such thing as a common law divorce or an informal dissolution of a marriage. Walking away from the relationship, separating households, or no longer presenting as a married couple does not end a legal marriage.
This rule has significant practical implications. A person who entered a valid common law marriage in Colorado and later moved to West Virginia is still legally married under West Virginia law even if the couple has separated informally. If that person later attempts to marry a new partner in West Virginia, the second marriage would be void because the first valid marriage subsists.
Divorce proceedings to dissolve a common law marriage validly formed in another state proceed under West Virginia law in the same manner as a divorce from a ceremonially solemnized marriage. West Virginia courts apply the same equitable distribution standards, the same spousal support guidelines, and the same jurisdictional and procedural requirements that govern any West Virginia dissolution action.
For context on related financial matters, see West Virginia alimony laws and West Virginia child support laws.
For a state-by-state comparison of which jurisdictions recognize common law marriage, see Common law marriage by state.
Disclaimer: This page provides general legal information about common law marriage recognition in West Virginia and is not legal advice. Marriage and family law determinations are fact-specific and depend on individual circumstances, including the law of the state where any claimed common law marriage was formed. This information was verified as of June 2, 2026. Consult a licensed West Virginia family law attorney for advice about your specific situation.
Last updated: June 2, 2026.
More West Virginia Laws
Frequently Asked Questions
Does West Virginia have common law marriage?
No. West Virginia has never recognized common law marriage formed within the state. W. Va. Code section 48-2-101 requires a valid marriage license for all marriages and renders any unlicensed marriage void. No amount of cohabitation in West Virginia creates a legal marriage without a license and a proper ceremony.
What if I formed a common law marriage in another state and then moved to West Virginia?
West Virginia will recognize a common law marriage validly formed in another state under the Full Faith and Credit Clause and comity principles. You retain married status in West Virginia for purposes of divorce, inheritance, property rights, and spousal support. To end the marriage you would need to file for divorce in West Virginia or another court with jurisdiction.
Is 7 years of living together a common law marriage in West Virginia?
No. This is a myth. No state requires a specific number of cohabitation years to create a marriage, and West Virginia does not allow common law marriage formation at all. Cohabiting in West Virginia for seven years, or any other period, without a license and ceremony does not create a legal marriage.
Can I claim common law marriage rights in West Virginia after a long-term relationship ends?
Not for a relationship formed entirely within West Virginia, because the state does not recognize common law marriage formation. If the couple lived for a time in a state that does permit common law marriage, it may be possible to assert that a valid marriage was formed there, but this requires satisfying that state's specific legal requirements and presenting evidence to a court.
Does West Virginia recognize domestic partnerships as equivalent to marriage?
West Virginia does not have a statewide domestic partnership registry that confers the same legal status as marriage. Cohabiting couples do not acquire marital rights simply by living together, regardless of the length of the relationship. Only a formally licensed and solemnized marriage, or a valid out-of-state common law marriage, creates full marital rights in West Virginia.
Do I need a divorce to end a common law marriage recognized in West Virginia?
Yes, if the common law marriage was validly formed in a state that permits it. A legal marriage, whether ceremonial or common law, can only be dissolved by divorce, annulment, or death. There is no informal dissolution. Failing to obtain a divorce before remarrying can render the second marriage void.
Which states allow common law marriage that West Virginia would recognize?
As of 2026, the states that still allow formation of new common law marriages include Colorado, Iowa, Kansas, Montana, Oklahoma (with some contested recognition), Rhode Island, Texas (called informal marriage), and Utah (which requires a court order). The District of Columbia also recognizes common law marriage. A marriage validly formed in any of those jurisdictions will be recognized in West Virginia.
Updates
Independently fact-checked against the cited primary sources; governing law re-checked for recent changes
Corrected three restatements that wrongly attributed West Virginia's void-unlicensed-marriage rule to W. Va. Code § 48-2-302 (the consanguinity/incest prohibition, unrelated to licensing) — the rule is actually stated in § 48-2-101, which the article already cites correctly elsewhere. Removed the mislabeled § 48-2-302 entry from the Sources list.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Texas Family Code
§ 2.401PROOF OF INFORMAL MARRIAGEIn forcecited in 22 of our articles
(a) In a judicial, administrative, or other proceeding, the marriage of a man and woman may be proved by evidence that: (1) a declaration of their marriage has been signed as provided by this subchapter; or (2) the man and woman agreed to be married and after the agreement they lived together in this state as husband and wife and there represented to others that they were married. (b) If a proceeding in which a marriage is to be proved as provided by Subsection (a)(2) is not commenced before the second anniversary of the date on which the parties separated and ceased living together, it is rebuttably presumed that the parties did not enter into an agreement to be married. (c) A person under 18 years of age may not: (1) be a party to an informal marriage; or (2) execute a declaration of informal marriage under Section 2.402. (d) A person may not be a party to an informal marriage or execute a declaration of an informal marriage if the person is presently married to a person who is not the other party to the informal marriage or declaration of an informal marriage, as applicable.
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at statutes.capitol.texas.gov
Cited in 98 court opinionsMost recently applied by a court: 2026
In the courts (editorial summary, independently checked):Joplin v. Borusheski (2008) applied section 2.401(b): a suit filed over two years after separation raises a rebuttable presumption the parties never agreed to marry, which that proponent did not rebut. In Lan Ngoc Nguyen v. Dinh Duc Nguyen (2011) the 2.401(d) prior-marriage impediment was not proved, and that finding was reversed.
Leading cases:
- Lan Ngoc Nguyen v. Dinh Duc Nguyen (Texas Court of Appeals, 1st District (Houston) 2011, 355 S.W.3d 82)✓A husband fought his wife's divorce petition by claiming an earlier Vietnamese marriage was an impediment under Section 2.401(d); the court found the proof of that prior marriage factually insufficient and remanded to decide the statute's three informal-marriage elements.
- Assoun v. Gustafson (Court of Appeals of Texas 2016, 493 S.W.3d 156)✓An ex-husband sued to have his former wife declared informally married to her boyfriend, ending his alimony; applying Section 2.401(a), the court affirmed summary judgment for the couple because their sworn denials of any agreement to marry defeated his circumstantial proof.
- Joplin v. Borusheski (Texas Court of Appeals, 5th District (Dallas) 2008, 244 S.W.3d 607)✓A man filed for divorce in 2005 claiming a common-law marriage, more than two years after the couple stopped living together; the court applied Section 2.401(b)'s rebuttable presumption of no agreement to marry and held his testimony failed to rebut it.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Common Law Marriage by State: Where It's Recognized (2026), Common Law Marriage in Arizona: Is It Recognized? (2026), Common Law Marriage in Arkansas: Is It Recognized? (2026)
West Virginia Code
§ 48-2-101Necessity of marriage license.In forcecited in 3 of our articles
Every marriage in this state must be solemnized under a marriage license issued by a clerk of the county commission in accordance with the provisions of this article. If a ceremony of marriage is performed without a license, the attempted marriage is void, and the parties do not attain the legal status of husband and wife.
Official text (excerpt) · last checked 2026-07-30 · Read the full text in our law library · Verify at code.wvlegislature.gov
Cited in 1 court opinionsMost recently applied by a court: 2014
Leading cases:
- McGee v. Cole (District Court, S.D. West Virginia 2014, 66 F. Supp. 3d 747)“…necessary to legally marry under the laws of West Virginia. W. Va.Code § 48-2-101 (2001). By refusing to issue licenses,…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Search our full record of US law — 2.1 million sections, every state + federal →
Sources and References
- W. Va. Code section 48-2-101, Marriage license required(wvlegislature.gov).gov
- U.S. Constitution Art. IV sec. 1 (Full Faith and Credit Clause)(law.cornell.edu)
- Texas Family Code section 2.401, Informal Marriage. Texas Legislature(statutes.capitol.texas.gov).gov
- Colorado Revised Statutes section 14-2-109.5, Common law marriages. Colorado General Assembly(leg.colorado.gov).gov