No, West Virginia does not allow couples to form new common law marriages within the state. Simply living together, sharing finances, or presenting yourselves as married does not create a legal marriage in West Virginia—no matter how long the relationship lasts.
However, West Virginia will recognize a common law marriage that was validly established in another state where such marriages are legal. Under long-standing constitutional principles, those out-of-state marriages are generally honored even though West Virginia itself does not permit common law marriage to be created.
How Marriage Is Defined in West Virginia
West Virginia treats marriage as a formal legal status, not something that develops gradually through conduct or time.
To be legally married in West Virginia, a couple must:
- Obtain a valid marriage license
- Meet eligibility requirements under state law
- Have the marriage solemnized by an authorized officiant
If these steps are not completed, the relationship is legally considered unmarried, regardless of commitment, cohabitation, or public perception.
West Virginia has never recognized common law marriage formed within its borders.
Why Common Law Marriage Does Not Exist in West Virginia
Common law marriage is based on the idea that a couple’s intent, cohabitation, and public behavior can substitute for formal legal steps. While some states historically accepted this concept, West Virginia has consistently rejected it.
The state’s position is rooted in clarity and predictability. Marriage carries serious legal consequences involving property, support, and inheritance. West Virginia law requires a clear legal starting point so courts are not forced to reconstruct relationships years later based on conflicting testimony or assumptions.
Long-Term Relationships Are Not Legal Marriages
West Virginia law draws a clear distinction between:
- Committed relationships, and
- Legal marriages
A couple may:
- Live together for decades
- Own property jointly
- Share finances
- Raise children
- Be socially viewed as spouses
And still have no spousal rights under West Virginia law unless they legally married.
Commitment alone does not create marital status.
What Happens When Unmarried Couples Separate?
Because common law marriage does not exist in West Virginia, separation between unmarried partners is not treated as a divorce.
Property Issues
West Virginia’s marital property rules apply only to married spouses. For unmarried couples:
- Property generally belongs to whoever owns it or paid for it
- Joint property is divided based on ownership interests
- Courts do not presume an equal or fair split
This can be especially difficult when one partner contributed informally or relied on verbal understandings.
No Spousal Support
Alimony applies only to legal marriages. Unmarried partners generally have no right to spousal support after separation.
Children Are Treated Separately
Child custody and child support are handled independently of marriage. Parental responsibilities exist regardless of marital status.
Death and Inheritance: Where Assumptions Become Costly
If one partner dies without a will:
- The surviving unmarried partner does not automatically inherit
- Assets pass to legal heirs under West Virginia intestacy law
Length of cohabitation does not matter. Without marriage or proper estate planning, a surviving partner may receive nothing.
Recognition of Out-of-State Common Law Marriages
West Virginia will recognize a common law marriage if:
- It was validly formed in another state that allows common law marriage, and
- It met that state’s legal requirements at the time
For example, a couple legally married under common law in Texas or Colorado may still be treated as married after moving to West Virginia.
West Virginia itself does not create, revive, or expand common law marriages.
Common Misunderstandings in West Virginia
Many legal disputes begin with assumptions like:
- “We’ve lived together long enough”
- “Everyone thinks we’re married”
- “Marriage is just paperwork”
In West Virginia, that paperwork is exactly what defines marriage.
Legal Planning for Unmarried Couples in West Virginia
Since common law marriage is not an option, planning becomes essential.
Cohabitation Agreements
These can define:
- Property ownership
- Financial responsibilities
- What happens if the relationship ends
West Virginia courts often enforce clear, voluntary agreements.
Estate Planning
Unmarried couples should strongly consider:
- Wills
- Beneficiary designations
- Powers of attorney and health care directives
Without these documents, a surviving partner may have no legal authority or inheritance rights.
Why West Virginia Maintains This Approach
West Virginia prioritizes certainty and consistency in family law. Formal marriage requirements:
- Reduce litigation
- Prevent inheritance disputes
- Avoid forcing courts to interpret personal relationships
The system favors clear legal acts over implied marital status.
Final Takeaway
West Virginia does not permit common law marriages to begin within the state. Marriage exists only when the legal requirements—license and solemnization—are deliberately followed.
While West Virginia will honor a valid common law marriage created in another state, couples who live together in West Virginia without marrying remain legally unmarried. For long-term partners, protection does not come from time or intent alone—it comes from deliberate legal and estate planning.
